(A)   The A-O Agricultural-Open Space District is intended to provide a district which will allow suitable areas of the city to be retained and utilized in open space and/or agricultural uses, prevent scattered non-farm uses from developing improperly and secure economy in government expenditures for public utilities and services.

   (B)   The following are permitted uses in an A-O District:

      (1)   Agriculture, including farm dwellings and agricultural related buildings and structures subject to Minnesota Pollution Control Standards, except as provided for in division (D) below;

      (2)   Public parks, recreational areas, wildlife areas and game refuges;

      (3)   Nurseries and tree farms; and

      (4)   Essential services.

   (C)   The following are permitted accessory uses in an A-O District:

      (1)   Operation and storage of vehicles, equipment and machinery which are incidental to permitted or conditional uses allowed in this district;

      (2)   The boarding or renting of rooms to not more than 2 persons; and

      (3)   Living quarters of persons employed on the premises.

   (D)   The following are conditional uses in an A-O District: (Requires a conditional use permit based upon procedures set forth in and regulated by § 152.41 below):

      (1)   Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community provided that:

         (a)   When abutting a residential use in a residential district, the property is screened and landscaped in compliance with § 152.03(F)(4) above; and

         (b)   The provisions of § 152.41(A)(5) below are considered satisfactorily met.

      (2)   Commercial outdoor recreational areas including golf courses, club house, country clubs, swimming pools and similar facilities provided that:

         (a)   The principal use, function or activity is open, outdoor in character;

         (b)   Not more than 5% of the land area of the site be covered by buildings or structures;

         (c)   When abutting a residential use in a residential district the property is screened and landscaped in compliance with § 152.03(F)(4) above;

         (d)   The land area of the property containing the use or activity meets the minimum established for the district; and

         (e)   The provisions of § 152.41(A)(5) below are considered and satisfactorily met.

      (3)   Commercial riding stables, dog kennels and similar uses provided that:

         (a)   Animal building, holding, grazing and exercise areas are located a minimum of 1,000 feet from any residential, commercial or industrial use district;

         (b)   The land area of the property containing the use or activity meets the minimum established for the district;

         (c)   The provisions of § 152.41(A)(5) below are considered and satisfactorily met; and

         (d)   All applicable requirements of the State Pollution Control Agency are complied with.

      (4)   Recreational, travel vehicle campsites (not including mobile homes) provided that:

         (a)   The land area of the property containing the use or activity meets the minimum established for the district;

         (b)   The site be served by a major street capable of accommodating traffic which will be generated;

         (c)   All driveways and parking areas be surfaced;

         (d)   Plans for utilities and waste disposal shall be reviewed by the City Zoning Official and shall be subject to his or her approval, and all applicable requirements of the State Pollution Control Agency are complied with;

         (e)   Not more that 5% of the land area of the site be covered by buildings or structures;

         (f)   The location of the use be a minimum 100 feet from any abutting residential use district;

         (g)   All signing and informational or visual communication devices shall be in compliance with § 152.03(M) above and shall not impact adjoining or surrounding residential uses; and

         (h)   The provisions of § 152.41(A)(5) below are considered and satisfactorily met.

      (5)   Airports (public only) provided that:

         (a)   Effective buffering is provided to reduce ground and landing noise;

         (b)   Adequate fencing, control and protection is provided to prevent unauthorized access into landing field areas;

         (c)   All landing fields and operating facilities are designed, operated and maintained within and according to federal and state laws and regulations;

         (d)   The addition of a new accessory commercial use or the change in an existing commercial use shall require a conditional use permit and conformance to the conditions of this section;

         (e)   Commercial uses are accessory as defined by § 152.02 above;

         (f)   Accessory commercial uses are totally enclosed within a structure;

         (g)   Accessory commercial uses are intended to serve and support the airport facilities and personnel and do not attract customers from the general public or community;

         (h)   Any accessory commercial use or storage is at minimum 200 feet from abutting residential districts or use boundaries;

         (i)   Open storage is screened and landscaped from view of abutting residential districts and/or uses in compliance with § 152.03(F)(4) above;

         (j)   Upon termination of airport activities all accessory commercial activities shall cease and use and development of the site shall conform to the applicable district regulations;

         (k)   The provisions of § 152.42(A)(5) below are considered and satisfactorily met; and

         (l)   All provisions and regulations contained in the Slayton municipal airport zoning regulations are fully complied with.

(Prior Code, § 18.105)

   (A)   The purpose of the R-1 Low Density District is to provide for single-family detached and 2-family residential dwelling units and directly related, complementary uses.

   (B)   The following are permitted uses in an R-1 District:

      (1)   Single-family detached dwellings;

      (2)   Residential or day care facilities serving 6 or fewer individuals;

      (3)   Public parks and playgrounds; and

      (4)   Essential services.

   (C)   The following are permitted accessory uses in an R-1 District:

      (1)   Private garages, parking spaces and car ports for licensed and operable passenger cars and trucks pursuant to § 71.51, as regulated by § 152.03(I) above. Private garages are intended for use to store the private passenger vehicles of the family or families residing upon the premises, and in which no business service or industry is carried on;

      (2)   Non-commercial greenhouses and conservatories;

      (3)   Swimming pool, tennis courts and other recreational facilities that are operated for the enjoyment and convenience of the residents of the principal use and their guests provided that pools are completely enclosed within a chain link or similar fence, at least 5 feet high;

      (4)   Tool houses, sheds and similar buildings for storage of domestic supplies and non-commercial recreational equipment; temporary storage/shelter buildings such as hoop-type sheds made from canvas, metal, or other materials, will require a 30 day temporary permit.  The temporary permit may be renewed 2 times for a maximum period of 90 days. Said structures must be located within the rear yard within 30 feet of the rear property line.

   (D)   The following are conditional uses in an R-1 District (require a conditional use permit based upon procedures set forth in and regulated by § 152.41 below):

      (1)   Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues provided that:

         (a)   Side yards shall be double that required for the district, but need not be more than 30 feet;

         (b)   Adequate screening from abutting residential uses and landscaping is provided in compliance with § 152.03(F)(4) above;

         (c)   Adequate off-street parking and access is provided on the site or on lots directly abutting a public street or alley to the principal use in compliance with § 152.03(I) above and that parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 152.03(F)(4) above;

         (d)   Adequate off-street loading and service entrances are provided and regulated where applicable by § 152.03(J) above; and

         (e)   The provisions of § 152.41(A)(5) below are considered and satisfactorily met.

      (2)   Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community provided that:

         (a)    Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met;

         (b)   Equipment is completely enclosed in a permanent structure with no outside storage;

         (c)   Adequate screening from neighboring uses and landscaping is provided in compliance with § 152.03(F)(4) above; and

         (d)   The provisions of § 152.41(A)(5) below are considered and satisfactorily met.

      (3)   Residential planned unit development as regulated by § 152.24 below;

      (4)   Two-family dwellings, provided that:

         (a)   The grade, topography, drainage or character of the developed lot shall not unreasonably restrict the amount of useable open space or create a hazard;

         (b)   The structure is sited on the lot to permit safe vehicular access with minimum conflict with traffic in the public right-of-way; and

         (c)   The provisions of § 152.41(A)(5) below are considered and satisfactorily met.

      (5)   Residential or day care facility serving more than 6 individuals;

      (6)   Boarding or renting of rooms to not more than 3 persons;

      (7)   Wind energy systems; and

   (E)   The following are lot area, lot width and yard requirements for a single-family residence in an R-1 District:

      (1)   Lot area: 12,000 square feet;

      (2)   Lot width: 100 feet;

      (3)   Front yard: 30 feet from the public right-of-way or lot line; except where 25% or more of the lots in a block are built upon, in which no building shall be erected that is set back from the front lot line less than a distance which shall be the average of the setbacks of adjoining structures or of the adjoining structure and the required setback;

      (4)   Side yard: 10% of the lot width, with a maximum required side yard of 10 feet; and

      (5)   Rear yard: 30 feet from the public right-of-way or lot line.

   (F)   The following are minimum lot area, lot width and yard requirements for a 2-family residence and other uses allowed in an R-1 District; except for a park or playground with no buildings:

      (1)   Lot area: 12,500 square feet;

      (2)   Lot width: 125 feet;

      (3)   Front yard: 30 feet; except where 25% or more of the lots in a block are built upon, in which no building shall be erected that is set back from the front lot line less than a distance which shall be the average of the setbacks observed by adjoining structures or of the adjoining structure and the required setback;

      (4)   Side yard: 10% of the lot width; and

      (5)   Rear yard: 30 feet.

   (G)   The following are general requirements in an R-1 District:

      (1)    Maximum building height: 2-1/2 stories;

      (2)    Off-street parking: as regulated in § 152.03(I)(8) above; and

      (3)    Dwelling width and floor area: as regulated in § 152.03(H) above.

   (A)   The purpose of the R-2 Medium Density Residential District is to provide a mix of housing densities and for the transition in land use from residential to limited commercial uses.

   (B)   The following are permitted uses in a R-2 District:

      (1)   Single-family dwellings;

      (2)   Public parks and playground;

      (3)   Two-family dwelling units;

      (4)   Boarding houses as defined by § 152.02 above and limited to not more than 5 persons;

      (5)   Essential services;

      (6)   Residential or day care facilities serving 6 or fewer individuals;

      (7)   Multiple-family dwellings: 4 dwelling units;

      (8)   Club or lodge without the serving of food or beverages;

      (9)   Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues, provided that:

         (a)   Side yards shall be double that required for the district, but need not be greater than 30 feet;

         (b)   Adequate screening from abutting residential uses and landscaping is provided in compliance with § 152.03(F)(4) above;

         (c)   Adequate off-street parking and access is provided on the site of on lots directly abutting a public street or alley to the principal use in compliance with § 152.03(I) above and that parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 152.03(F) above; and

         (d)   Adequate off-street loading and service entrances are provided and regulated where applicable by § 152.03(J) above.

      (10)   Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community provided that:

         (a)   Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met;

         (b)   Equipment is completely enclosed in a permanent structure with no outside storage; and

         (c)   Adequate screening from neighbor hooding uses and landscaping is provided in compliance with § 152.03(F)(4) above.

      (11)   Limited business and commercial uses as determined and approved by the Planning Commission.

   (C)   The following are permitted accessory uses in an R-2 District:

      (1)   Private garages, parking spaces and car ports for licensed and operable passenger cars and trucks pursuant to § 71.51, as regulated by § 152.03(I) above. Parking garages are intended for use to store the private passenger vehicles of the family or families residing upon the premises, and in which no business, service or industry is carried on;

      (2)   Non-commercial greenhouses and conservatories;

      (3)   Swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests provided that pools are completely enclosed within a chain link or similar fence, at least 5 feet high;

      (4)   Tool houses, sheds and similar buildings for storage of domestic supplies and non-commercial recreational equipment; temporary storage/shelter buildings such as hoop-type sheds made from canvas, metal, and other materials, will require a 30 day temporary permit.  The temporary permit may be renewed 2 times for a maximum period of 90 days.  Said structures must be located within the rear yard within 30 feet of the rear property line.

   (D)   The following are conditional uses in an R-2 District. (Requires a conditional use permit based upon procedures set forth in and regulated by § 152.41 below):

      (1)   Residential planned unit development as regulated by § 152.24 below;

      (2)   Townhouses as defined in § 152.02 above;

      (3)   Boarding house of more than 5 persons;

      (4)   Multiple-family dwellings containing more than 4 dwelling units;

      (5)   Residential or day care facilities serving more than 6 individuals;

      (6)   Hospitals, medical offices and clinics, dental offices and clinics;

      (7)   Business and professional offices which are service oriented with no retail sales or storage of goods;

      (8)   Funeral homes and mortuaries;

      (9)   Nursing homes;

      (10)   Limited commercial or convenience type businesses such as: barber and beauty shops, floral shops, gift and card shops and photography studios;

      (11)   Wind energy systems; and

      (12)   Expansion of existing uses are not permitted in divisions (B) or (C) above, as determined to be suitable by the Planning Commission.

   (E)   The following are minimum lot area, lot width and yard requirements for single-family residence in an R-2 District:

      (1)   Lot area: 9,600 square feet;

      (2)   Lot width: 80 feet;

      (3)   Front yard: 30 feet from the public right-of-way or lot line; except, where 25% or more of the lots in a block are built upon, in which no building shall be erected that is set back from the front lot line, less than a distance which shall be the average of the setbacks observed by the adjoining structures or of the adjoining structure and the required setback;

      (4)   Side yard: 10% of the lot width, with a maximum required side yard of 10 feet; and

      (5)   Rear yard: 30 feet from the public right-of-way or lot line.

   (F)   The following are minimum lot area, lot width and yard requirements for a 2-family residence and other uses allowed in an R-2 District; except for a park or playground with no buildings:

      (1)   Lot area: 10,000 square feet for a 2-family dwelling plus 1,500 square feet for each additional dwelling unit;

      (2)   Lot width: 100 feet;

      (3)   Front yard: 30 feet; except where 25% or more of the lots in a block are built upon, in which no building shall be erected that is set back from the front lot line less than a distance which shall be the average of the setbacks observed by adjoining structures or of the adjoining structure and the required setback;

      (4)   Side yard: 10% of the lot width; and

      (5)   Rear yard: 30 feet.

   (G)   The following are general requirements in an R-2 District:

      (1)   Maximum height: 3 stories;

      (2)   Off-street parking: as regulated in § 152.03(I)(8) above; and

      (3)   Dwelling width and floor area: as regulated in § 152.03(H) above.

   (A)   The purpose of the R-3 Mobile Home Residential District is to provide for a variety of dwelling types including mobile homes in a low density residential area.

   (B)   The following are permitted uses in an R-3 District:

      (1)   Single-family dwellings;

      (2)   Public parks and playgrounds;

      (3)   Two-family dwellings;

      (4)   Essential services; and

      (5)   Residential or day care facilities serving 6 or fewer individuals.

   (C)   The following are permitted accessory uses in an R-3 District:

      (1)   Private garages, parking spaces and car ports for licensed and operable passenger cars and trucks pursuant to § 71.51, as regulated by § 152.03(I) above. Private garages are intended for use to store the private passenger vehicles of the family or families residing upon the premises, and in which no business service or industry is carried on;

      (2)   Non-commercial greenhouses and conservatories;

      (3)   Swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their quests provided that pools are completely enclosed within a chain link or similar fence, at least 5 feet high;

      (4)   Tool houses, sheds and similar buildings for storage of domestic supplies and non-commercial recreational equipment; temporary storage/shelter buildings such as hoop-type sheds made from canvas, metal, or other materials, will require a 30 day temporary permit.  The temporary permit may be renewed 2 times for a maximum period of 90 days.  Said structures must be located within the rear yard within 30 feet of the rear property line.

   (D)   The following are conditional uses in an R-3 District. (Requires a conditional use permit based upon procedures set forth in and regulated by § 152.41 below):

      (1)   Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues provided that:

         (a)   Side yards shall be double that required for the district, but need not be greater than 30 feet;

         (b)   Adequate screening from abutting residential uses and landscaping is provided in compliance with § 152.03(F)(4) above;

         (c)   Adequate off-street parking and access is provided on the site or on lots directly abutting a public street or alley to the principal use in compliance with § 152.03(I) above and that parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 152.03(F)(4) above;

         (d)   Adequate off-street loading and service entrances are provided and regulated where applicable by § 152.03(J) above; and

         (e)   The provisions of § 152.41(A)(5) above are considered and satisfactorily met.

      (2)   Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community provided that:

         (a)   Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met;

         (b)   Equipment is completely enclosed in a permanent structure with no outside storage;

         (c)   Adequate screening from neighboring uses and landscaping is provided in compliance with § 152.03(F)(4) above; and

         (d)   The provisions of § 152.41(A)(5) above are considered and satisfactorily met.

      (3)   Residential planned unit development as regulated by § 152.24 below;

      (4)   Residential or day care facility serving more than 6 individuals;

      (5)   Wind energy systems;

      (6)   Multiple-family dwellings and townhouses containing no more than 4 dwelling units; and

      (7)   Boarding or renting of rooms to not more than 5 persons.

   (E)   The following are minimum lot area, lot width and yard requirements for a single-family residence in an R-3 District:

      (1)   Lot area: 7,500 square feet;

      (2)   Lot width: 65 feet;

      (3)   Front yard: 30 feet from the public right-of-way or lot line; except, where 25% or more of the lots in a block are built upon, in which no building shall be erected that is set back from the front lot line, less than a distance which shall be the average of the setbacks observed by the adjoining structures or of the adjoining structure and the required setback;

      (4)   Side yard: 10% of the lot width, with a maximum required side yard of 10 feet; and

      (5)   Rear yard: 30 feet from the public right-of-way or lot line.

   (F)   The following are minimum lot area, lot width and yard requirements for a 2-family residence and other uses allowed in an R-3 District; except for a park or playground with no buildings:

      (1)   Lot area: 10,000 square feet for a 2-family dwelling plus 1,500 square feet for each additional dwelling unit;

      (2)   Lot width: 100 feet;

      (3)   Front yard: 30 feet; except where 25% or more of the lots in a block are built upon, in which no building shall be erected that is set back from the front lot line, less than a distance which shall be the average of the setbacks observed by adjoining structures or of the adjoining structure and the required setback;

      (4)   Side yard: 10% of the lot width; and

      (5)   Rear yard: 30 feet.

   (G)   The following are general requirements in an R-3 District:

      (1)   Maximum building height: 2-1/2 stories;

      (2)   Off-street parking: as regulated in § 152.03(I)(8) above; and

      (3)   Dwelling width and floor area: as regulated in § 152.03(H) above.

   (A)   The purpose of the R-M Mobile Home Park District is to provide for mobile home uses and directly related uses.

   (B)   The following are permitted uses in an R-M District: mobile home park.

      (1)   General provisions:

         (a)   No mobile home for residential purposes shall be permitted on any site within the City of Slayton unless the site is part of an approved mobile home park or unless it is located on land purchased by the mobile home owner served by utilities as required by state law, and the land has been, prior to passage of this chapter, specially developed and formally platted for the placement of mobile homes;

         (b)   Mobile homes shall not be used for residential purposes in the city if they:

            1.   Do not conform to the requirements of the Manufactured Home Building Code of the State of Minnesota as may be amended;

            2.   Are in an unsanitary condition or have an exterior in bad repair;

            3.   Are structurally unsound and do not protect the inhabitants against all elements; or

            4.   Do not have adequate sewage facilities as required by the City Council in accordance with Pollution Control Agency regulation.

         (c)   All land areas shall be:

            1.   Adequately drained;

            2.   Landscaped to control dust; and

            3.   Clean and free from refuse, garbage, rubbish or debris.

         (d)   No tents shall be used for other than recreational purposes in a mobile home park;

         (e)   There shall be no outdoor camping anywhere in a mobile home park;

         (f)   Access to mobile home parks shall be as approved by the city;

         (g)   All structures shall require a zoning permit from the Zoning Official;

         (h)   The area beneath a mobile home unit shall be enclosed except that the enclosure must have access for inspection;

         (i)   Laundry and clothing shall be hung out to dry only on lines located in areas established and maintained exclusively for that purpose;

         (j)   The mobile home park shall have an adequate central community building with the following features, unless individual unit provisions exist:

            1.   Laundry drying areas and machines;

            2.   Laundry washing machines;

            3.   Showers; and

            4.   Public toilets and lavatories.

         (k)   The building shall have adequate heating and be maintained in safe, clean and sanitary condition.

      (2)   Site plan requirements:

         (a)   Legal description and size in acres of the proposed mobile home park;

         (b)   Location and size of all mobile home sites, dead storage areas, recreation areas, laundry drying areas, roadways, parking sites and all setback dimensions (parking spaces, exact mobile home sites and the like);

         (c)   Detailed landscaping plans and specifications;

         (d)   Location and width of sidewalks;

         (e)   Plans for sanitary sewage disposal, surface drainage, water systems, electrical service and gas service;

         (f)   Location and size of all streets abutting the mobile home park and all driveways from such streets to the mobile home park;

         (g)   Road construction plans and specifications;

         (h)   Plans for any and all structures;

         (i)   Other information as required or implied by these mobile home park standards or requested by public officials;

         (j)   Name and address of developer or developers;

         (k)   Description of the method of disposing of garbage and refuse;

         (l)   Detailed description of maintenance procedures and grounds supervision; and

         (m)   Details as to whether all of area will be developed at once or whether it will be developed a portion at a time.

      (3)   Design standards:

         (a)   Site:

            1.   Each mobile home site shall contain at least 6,000 square feet of land area for the exclusive use of the occupant:

               a.   Width: no less than 60 feet; and

               b.   Depth: no less than 100 feet.

            2.   Each mobile home site shall have frontage on an approved roadway and the corner of each mobile home site shall be marked and each site shall be numbered.

         (b)   Individual mobile home unit setbacks:

            1.   No unit shall be parked closer than 5 feet to its side lot lines nor closer than 20 feet to its front lot line, or within 10 feet of its rear lot line; and

            2.   No unit, off-street parking space or building shall be located within 30 feet of the exterior boundary of any mobile home park.

         (c)   Parking:

            1.   Each mobile home site shall have off-street parking space for 2 automobiles;

            2.   Each mobile home park shall maintain a hard surfaced off-street parking lot for guests of occupants in the amount of 1 space for each 5 mobile home sites; and

            3.   Access drives off roads to all parking spaces and dwelling sites shall be hard surfaced.

         (d)   Utilities:

            1.   All mobile homes shall be connected to a public water and sanitary sewer system or a private water and sewer system approved by:

               a.   The City Council;

               b.   The State Department of Health; and

               c.   The Pollution Control Agency;

            2.   All installation for disposal of surface storm water must be approved by the city;

            3.   All utility connections shall be as approved by the city;

            4.   The source of fuel for cooking, heating or other purposes at each mobile home site shall be as approved by the city;

            5.   All utilities shall be underground; there shall be no overhead wires or supporting poles except those essential for street or other lighting purposes;

            6.   No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities and related mobile home equipment;

            7.   The method of garbage, waste and trash disposal must be approved by the city; and

            8.   Owner shall pay any required sewer connection fees to the city.

         (e)   Internal roads and streets:

            1.   Roads shall be hard surfaced as approved by the city;

            2.   All roads shall have a hard surfaced (mountable, roll type) curb and gutter;

            3.   All streets shall be developed with a roadbed of not less than 24 feet in width; and

            4.   If parking is permitted on the street, then the roadbed shall be at least 36 feet in width.

         (f)   Recreation: all mobile home parks shall have at least 10% of the land areas developed for recreational use (tennis courts, children’s play equipment, swimming pool and the like) developed and maintained at the owner/operator’s expense;

         (g)   Landscaping:

            1.   Each site shall be properly landscaped with trees, hedges, grass, fences, windbreaks and the like;

            2.   A compact hedge, redwood fence or landscaped area shall be installed around the mobile home park and be maintained at all times as approved; and

            3.   All areas shall be landscaped in accordance with landscaping plan approved by the City Council.

         (h)   Lighting: artificial light shall be maintained during all hours of darkness in all buildings containing public toilets, laundry equipment and the like.

   (C)   The following are permitted accessory uses in an R-M District:

      (1)   Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests provided that pools are completely enclosed within a chain link or similar fence, at least 5 feet high;

      (2)    Private garages; and

      (3)   Administrative offices, recreation, utility and laundry buildings and other support facilities related to the mobile home park.

   (D)   The following are conditional uses in an R-M District: none.

   (E)   The following are minimum site standards for a mobile home park in an R-M District:

      (1)   Lot area: 48,000 square feet;

      (2)   Lot width: 200 feet;

      (3)   Front yard: 30 feet from the public right-of-way;

      (4)   Side yard: 30 feet; and

      (5)   Rear yard: 30 feet.

   (F)   The following are minimum site standards for individual mobile home lots in an R-M District:

      (1)   Lot area: 6,000 square feet;

      (2)   Lot width: 60 feet;

      (3)   Lot depth: 100 feet;

      (4)   Front yard: 20 feet;

      (5)   Side yard: 5 feet; and

      (6)   Rear yard: 10 feet.

(Prior Code, § 18.109)

   (A)   The purpose of the B-1 Highway Business District is to provide a location for uses that are appropriate to thoroughfare locations, are largely dependent upon thoroughfare traffic and are not altogether suitable within the Central Business District.

   (B)   The following are permitted uses in a B-1 District:

      (1)   Auto accessory store;

      (2)   Motor vehicle, recreation equipment, tractor and implement sales and repair shops;

      (3)   Commercial recreational uses;

      (4)   Motels, motor hotels and hotels;

      (5)   Restaurants, cafes, tearooms, liquor stores;

      (6)   Private clubs or lodges;

      (7)   Automobile service stations, for sale of gasoline, oil and accessories;

      (8)   Tire and batteries shops;

      (9)   Drive-in and convenience food establishments;

      (10)   Car washes;

      (11)   Laundromats and dry-cleaning stores;

      (12)   Commercial nurseries and greenhouses;

      (13)   Grocery stores and supermarkets;

      (14)   Meat shops and cold storage lockers;

      (15)   Carpentry, plumbing, heating and air conditioning shops;

      (16)   Rental and repair shops;

      (17)   Retail supply stores;

      (18)   Furniture and other furnishings stores;

      (19)   Business and professional offices;

      (20)   Lumberyards and building supply center;

      (21)   Essential services;

      (22)   Existing dwellings; reconstruction or expansion of existing dwellings; and

      (23)   Barber shop and beauty shops.

   (C)   The following are permitted accessory uses in a B-1 District:

      (1)   Off-street parking as resulted by § 152.03(I) above;

      (2)   Off-street loading as regulated by § 152.03(J) above;

      (3)   Semi trailer truck parking; and

      (4)   Solar energy systems.

   (D)   The following are conditional uses in a B-1 District: (Requires a conditional use permit based upon procedures set forth in and regulated by § 152.41 below):

      (1)   Open and outdoor storage as an accessory use provided that:

         (a)   The area is fenced and screened from view of neighboring a residential uses or if abutting any residential district is in compliance with § 152.03(F)(4) above; and

         (b)   Storage is screened from view from the public right-of-way in compliance with § 152.03(F)(4) above.

      (2)   Open or outdoor service, sale and rental as a principal or accessory use. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with § 152.03(F)(4) above;

      (3)   Enclosed retail, rental or service activity other than that allowed as a permitted use or conditional use within this section;

      (4)   Commercial planned unit development as regulated by § 152.24 below;

      (5)   Governmental and public utility buildings and structures;

      (6)   Radio, television or other communications towers;

      (7)   Machine, welding or other metal shops;

      (8)   Warehouses;

      (9)   Wholesale establishments;

      (10)   Livestock sales barns and auction centers;

      (11)   Construction or contractors offices and yards;

      (12)   Accessory use other than that allowed as a permitted use or conditional use within this section;

      (13)   Storage bins, tanks or other enclosed storage structures;

      (14)   Wind energy systems;

      (15)   Shopping center; and

      (16)   Other large-lot or highway-oriented commercial uses as determined by the Planning Commission.

   (E)   The following are minimum lot area, lot width and yard requirements in a B-1 District:

      (1)   Lot area: 10,000 square feet;

      (2)   Lot width: 90 feet;

      (3)   Front yard: 40 feet from the public right-of-way;

      (4)   Side yard: 10 feet; 30 feet if abutting a residential district; and

      (5)   Rear yard: 10 feet; 30 feet if abutting a residential district.

   (F)   The following are general requirements in a B-1 District:

      (1)   Maximum building height: 3 stories;

      (2)   Off-street parking: as regulated in § 152.03(I)(8) above; and

      (3)   Off-street loading/unloading: as regulated in § 152.03(J) above.

(Prior Code, § 18.110)

   (A)   The purpose of the B-2 Central Business District is to preserve and enhance the Slayton Central Business District (CBD) as the primary center for office and government employment and retail activities.

   (B)   The following are permitted uses in a B-2 District:

      (1)   Barber and beauty shops;

      (2)   Essential services;

      (3)   Convenience grocery stores (not supermarket type);

      (4)   Laundromats and dry cleaning stores;

      (5)   Commercial and professional offices;

      (6)   Insurance and real estate offices;

      (7)   Medical and dental offices;

      (8)   Auto accessory store;

      (9)   Motor vehicle and recreation equipment sales;

      (10)   Commercial recreational uses;

      (11)   Motels, motor hotels and hotels;

      (12)   Restaurants, cafes, tea rooms or liquor establishments;

      (13)   Private clubs or lodges;

      (14)   Retail sales establishments;

      (15)   Copy service;

      (16)   Costume, clothes rental;

      (17)   Electrical appliance stores;

      (18)   Employment agencies;

      (19)   Finance companies;

      (20)   Sewing machine sales and service;

      (21)   Shoe sales and repair service;

      (22)   Tailor shops;

      (23)   Theaters;

      (24)   Travel bureaus, transportation ticket offices;

      (25)   Government and public utility building;

      (26)   Bank, savings and loan, credit union and other financial institutions;

      (27)   Locksmith;

      (28)   Plumbing, television, radio, electrical sales and such repair as are accessory to the retail establishments permitted;

      (29)   Repair and rental shops of domestic or household type equipment and items;

      (30)   Public utility collection offices;

      (31)   Libraries, museums or collection offices;

      (32)   Job printing, newspaper, lithographing or publishing shops;

      (33)   Cabinet or carpenter shops;

      (34)   Photography or music studios;

      (35)   Radio or television broadcasting studios;

      (36)   Automobile parking lots; excluding the parking of semi-trailer trucks, buses, equipment and goods;

      (37)   Electrical, plumbing, heating and air conditioning shops;

      (38)   Existing dwellings; reconstruction or expansion of dwellings on existing lots;

      (39)   Public or semi-public gathering and meeting places, including but not limited to, senior citizen centers, youth centers and meal sites;

      (40)   Public or semi-public recreational parks and places; and

      (41)   Public restrooms and rest areas.

   (C)   The following are permitted accessory uses in a B-2 District:

      (1)   Off-street parking as regulated;

      (2)   Off-street loading as regulated; semi-trailer truck parking;

      (3)   Repair as is secondary to the retail sales permitted;

      (4)   Existing private garages; reconstruction of private garages; and

      (5)   Solar energy systems.

   (D)   The following are conditional uses in a B-2 District: (requires a conditional use permit based upon procedures set forth in and regulated by § 152.41 of this chapter):

      (1)   Open and outdoor storage as an accessory use provided that:

         (a)   The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with § 152.03(F)(4) above;

         (b)   Storage is screened from view from public right-of-way in compliance with § 152.03(F)(4) above;

         (c)   Storage area is grassed or surfaced to control dust; and

         (d)   All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with § 152.03(F)(5) above.

      (2)   Open or outdoor service, sale and rental as an accessory use.

         (a)   Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with § 152.03(F)(4) above.

         (b)   All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with § 152.03(F)(5) above.

         (c)   Sales area is grassed or surfaced to control dust.

      (3)   Automobile service stations, for sale of gasoline, oil and accessories;

      (4)   Lumber yards and building supply centers;

      (5)   Farm, feed and seed stores and lawn and garden supply centers;

      (6)   Other enclosed retail or service establishment as to be determined by the Planning Commission;

      (7)   Elevators, storage bins, tanks and other enclosed storage structures;

      (8)   Multi-family dwellings or apartments; and

      (9)   Wind energy systems.

   (E)   The following are minimum lot area, lot width and yard requirements, except for residences in the B-2 District:

      (1)   Lot area: 2,000 square feet;

      (2)   Lot width: 20 feet;

      (3)   Front yard: none; 40 feet for other than commercial or residential uses;

      (4)   Side yard: none; 30 feet if abutting a residential district; and

      (5)   Rear yard: none; 30 feet if abutting a residential district.

   (F)   The following are minimum lot area, lot width and yard requirements for residences in the B-2 District:

      (1)   Lot area: 12,500 square feet for a 3-family dwelling plus 1,500 square feet for each additional dwelling unit;

      (2)   Lot width: 100 feet for a multi-family dwelling;

      (3)   Front yard: 15 feet for all dwellings or the average of the adjoining residence and the required setback;

      (4)   Side yard: 5 feet; and

      (5)   Rear yard: 20 feet.

   (G)   The following are general requirements in a B-2 District:

      (1)   Maximum building height: 3 stories; and

      (2)   Off-street parking: as regulated in § 152.03(I)(8) above for lots over 12,000 square feet in area. None for commercial uses on lots under 12,000 square feet in area. As regulated, for other lots under 12,000 square feet in area.

(Prior Code, § 18.111)

   (A)   The purpose of the I-1 Industrial District is to provide a location for warehousing, bulk storage, wholesaling, processing, light and heavy manufacturing and related industrial development.

   (B)   The following are permitted uses in an I-1 District:

      (1)   Radio and television and other communications towers;

      (2)   Research laboratories;

      (3)   Trade school;

      (4)   Machine, welding or other metal shops;

      (5)   Warehouses;

      (6)   Essential services;

      (7)   Governmental and public utility building and structures;

      (8)   Manufacturing, compounding, assembly, packaging or treatment of pre-prepared or pre-fabricated products or materials;

      (9)   Laundry, carpet and rug cleaning;

      (10)   Bottling establishments;

      (11)   Building material sales and storage;

      (12)   Cartage and express facilities;

      (13)   Stationery, bookbinding and other types of manufacturing of raw material for paper production;

      (14)   Electric light or power generating stations, electrical and electronic products manufacture electrical service shops;

      (15)   Engraving, printing and publishing plants;

      (16)   Wholesale business and office establishments;

      (17)   Other industrial related shops, offices and yards as determined by the Planning Commission; and

      (18)   Commercial recreational uses.

   (C)   The following are permitted accessory uses in an I-1 District:

      (1)   Off-street parking as regulated by § 152.03(J) above;

      (2)   Semi-trailer truck parking;

      (3)   Off-street loading as regulated by § 152.03(J) above; and

      (4)   Solar energy systems.

   (D)   The following are conditional uses in an I-1 District: (require a conditional use permit based upon procedures set forth in and regulated by § 152.41 below):

      (1)   Open and outdoor storage as an accessory use provided that:

         (a)   The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with § 152.03(F)(4) above;

         (b)   Storage is screened from view from public right-of-way in compliance with § 152.03(F)(4) above;

         (c)   Storage area is grassed or surfaced to control dust; and

         (d)   All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with § 152.03(F)(5) above.

      (2)   Open or outdoor service, sale and rental as an accessory use.

         (a)   Outside service, sales and equipment rental connected with the principal use is limited to 30 percent of the gross floor area of the principal use.

         (b)   Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with § 152.03(F)(4) above.

         (c)   All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with § 152.03(F)(5) above.

         (d)   Sales area is grassed or surfaced to control dust.

      (3)   Storage, manufacturing, processing or testing of chemicals, fuels, fertilizer, feed or grain;

      (4)   Livestock packing or processing plants;

      (5)   Refineries or distilleries;

      (6)   Gasoline and oil bulk stations and distributing plants;

      (7)   Extraction of minerals or other materials;

      (8)   Wind energy systems;

      (9)   Industrial planned unit development as regulated by § 152.24 below; and

      (10)   Other large-lot commercial and industrial uses as determined by the Planning Commission.

   (E)   The following are lot coverage and minimum lot width and yard requirements in the I-1 District:

      (1)   Lot coverage: maximum lot coverage of 75%;

      (2)   Lot width: 150 feet;

      (3)   Front yard: 40 feet;

      (4)   Side yard: 25 feet; 30 feet if abutting a residential district; and

      (5)   Rear yard: 40 feet; 75 feet if abutting a residential district.

   (F)   The following are general requirements in an I-1 District:

      (1)   Maximum building height: 4 stories;

      (2)   Off-street parking: as regulated in § 152.03(I) above; and

      (3)   Off-street loading/unloading: as regulated in § 152.03(J) above.

(Prior Code, § 18.112)

   (A)   The purpose of the PUD Planned Unit Development District is to provide for the integration and coordination of land parcels as well as the combination of varying types of residential, commercial and industrial uses.

   (B)   The following are permitted uses in a PUD District: all permitted uses in §§ 152.16 through 152.22 above.

   (C)   The following are permitted accessory uses in a PUD District: all accessory uses allowed in §§ 152.16 through 152.22 above.

   (D)   The following are conditional uses in a PUD District. (require a conditional use permit based upon procedures set forth in and regulated by § 152.41 of this chapter): all conditional uses allowed in §§ 152.16 through 152.22 above.

   (E)   The establishment of a PUD Planned Unit Development District shall be subject to the amendment requirements as outlined in § 152.41 below, plus the procedures and conditions imposed by § 152.24 below.

(Prior Code, § 18.113)

   (A)   Purpose and intent.

      (1)   The purpose of this section is to provide for the grouping of land parcels for development as an integrated, coordinated unit as opposed to traditional parcel-by-parcel, piecemeal, sporadic and unplanned approach to development.

      (2)   This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities.

      (3)   It is further intended that Planned Unit Developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities and a harmonious selection and efficient distribution of uses.

   (B)   General requirements and standards.

      (1)   Ownership.

         (a)   An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project.

         (b)   The application and all submissions must be directed to the development of the property as a unified whole.

         (c)   In the case of multiple ownership, the approved final plan shall be binding on all owners.

      (2)   Operating and maintenance requirements for PUD common open space/facilities. Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of the open space and service facilities to a predetermined reasonable standard. Common open space and service facilities within a PUD may be placed under the ownership of 1 or more persons, as approved by the City Council:

         (a)   Landlord control, where only use by tenants is anticipated; and

         (b)   Property Owners Association, provided all of the following conditions are met:

            1.   Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the City of Slayton, the filing with the city to be made prior to the filing of the declaration or document or floor plans which the recording officers of Murray County, Minnesota;

            2.   The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject the properties to the terms of the declaration;

            3.   The declaration of covenants, and restrictions shall provide that an owners’ association or corporation shall be formed and that all owners shall be members of the association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control;

            4.   The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City of Slayton or fails to pay taxes or assessments on properties as they become due and in the event the City of Slayton incurs any expenses in enforcing its rules and regulations, which the expenses are not immediately reimbursed by the association or corporation, then the City of Slayton shall have the right to assess each property its pro-rata share of the expenses. These assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each assessment is made;

            5.   Membership must be mandatory for each owner, and any successive buyer;

            6.   The open space restrictions must be permanent and not for a given period of years;

            7.   The association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities to be deeded to it;

            8.   Property owners must pay their pro-rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes;

            9.   The association must be able to adjust the assessment to meet changed needs; and

            10.   The by-laws and rules of the association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan.

      (3)   Utilities. In any PUD, all utilities, including telephone, electricity, gas and telecable shall be installed underground.

      (4)   Utility connections.

         (a)   Water connections. Where more than 1 property is served from the same service line, a shut off valve must be located in a way so that each unit’s service may be shut off by the city, in addition to the normally supplied shut off at the street.

         (b)   Sewer connections. Where more than 1 unit is served by a sanitary sewer lateral which exceeds 300 feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners association or owner.

      (5)   Landscaping. In any PUD, landscaping shall be provided according to a plan approved by the Planning Commission that shall include a detailed planting list with sizes and species indicated as part of the final plan. In assessing the landscaping plan, the Planning Commission shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan.

      (6)   Public services. The proposed project shall be served by the city water and sewer system and fire hydrants shall be installed at locations as is necessary to provide fire protection.

      (7)   Building height. Height limitations shall be the same as imposed in the respective districts.

      (8)   Site improvement agreement.

         (a)   Prior to the issuance of a building permit as part of Planned Unit Development, the applicant, builder or developer shall execute and deliver to the Planning Commission a site improvement agreement providing for the installation within 1 year of the improvements as approved by the Planning Commission, secured by a case escrow or surety bond in an amount and with surety and conditions satisfactory to the city, to ensure the city, that the improvements will be actually constructed and installed according to specifications and plans approved by the city as expressed in the agreement.

         (b)   The amount of the bond shall be 1-1/2 times the estimated cost of the improvements as determined by the City Zoning Official.

   (C)   Special requirements and standards.

      (1)   Residential requirements and standards.

         (a)   Purpose. It is the intent of this section to establish special requirements for the granting of a conditional use permit for residential PUD projects which are in compliance with the permitted and conditional uses allowed in a specific district including dwellings, offices and institutional uses of 1 or more buildings in relation to an overall design, and integrated physical plan and in accordance with the provisions and procedures as prescribed in this chapter.

         (b)   Required frontage. The tract of land for which a project is proposed and permit requested shall not have less than 200 feet of frontage on the public right-of-way.

         (c)   Yards.

            1.   The front and side yard restrictions at the periphery of the Planned Unit Development site at a minimum shall be the same as imposed in the respective districts.

            2.   No building shall be nearer than its building height to the rear or side property line when the line abuts an R-1 or R-2 District.

            3.   No building shall be located less than 15 feet from the back of the curb line along those roadways which are part of the internal street pattern.

            4.   No building within the project shall be nearer to another building than 1/2 the sum of the building heights of the 2 buildings.

         (d)   Density bonus. As a consequence of a Planned Unit Development’s planned and integrated character, the number of dwelling units allowed within the respective zoning district may be increased by 20%. The building, parking and similar requirements for these extra units shall be observed in compliance with this chapter.

         (e)   Minimum project size. The tract of land for which a residential PUD is proposed shall not be less than 1 acre.

      (2)   Commercial or Industrial Planned Unit Development.

         (a)   Purpose. The intent of this is to establish special requirements for the granting of a conditional use permit to allow commercial or industrial PUD projects which are in compliance with the permitted and conditional uses allowed in a specific district in 1 or more buildings in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures as prescribed in this chapter.

         (b)   Frontage. The tract of land for which a project is proposed and a permit requested shall not have less than 200 feet of frontage on a public right-of-way.

         (c)   Yard. No building shall be nearer than 50 feet to the side or rear property line when the line abuts an R-1, R-2, R-3 or A-O District.

         (d)   Landscaping, screening and surfacing.

            1.   The entire site other than that taken up by structures or landscaping shall be surfaced with a material to control dust and drainage.

            2.   A drainage system subject to the approval of the City Zoning Official shall be installed.

            3.   Developments abutting an R-1, R-2, R-3 or R-M district shall be screened and landscaped in compliance with § 152.03(F)(4) above.

         (e)   Minimum project size. The tract of land for which a commercial or industrial PUD is proposed shall not be less than 2 acres.

      (3)   Mixed use Planned Unit Development.

         (a)   Purpose. The intent of this section is to establish special requirements for the granting of a zoning district amendment (rezoning) to allow mixed use PUD projects which are in compliance with the permitted and conditional uses allowed within the PUD District (§ 152.23 above) and in accordance with the provisions and procedures as prescribed in this section.

         (b)   Minimum project size. The tract of land for which a mixed use PUD is proposed shall not contain less than 2 acres.

         (c)   Frontage. The tract of land for which the project is proposed shall not have less than 200 feet of frontage on a public right-of-way.

         (d)   Yards. Setbacks shall be consistent with those required in § 152.03 above.

         (e)   Landscaping, screening and surfacing. All site treatment shall be consistent with the requirements of § 152.03(F)(4) above.

   (D)   Procedure for processing a Planned Unit Development.

      (1)   General concept plan.

         (a)   Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the city showing the basic intent and the general nature of the entire development without incurring substantial cost. This concept plan serves as the basis for the public hearing so that the proposal may be publicly considered at an early stage. The following elements of the proposed general concept plan represent the immediately significant elements which the city shall review and for which a decision shall be rendered:

            1.   Overall maximum PUD density range;

            2.   General location of major streets and pedestrian ways;

            3.   General location and extent of public and common open space;

            4.   General location of residential and non-residential land uses with approximate types and intensities of development;

            5.   Staging and time schedule of development; and

            6.   Other special criteria for development.

         (b)   Process.

            1.   Developer files application for a conditional use permit or rezoning concurrently with the submission of the general concept plan with the Zoning Official.

            2.   Planning Commission formally acknowledges submission of the application for conditional use permit, sets a public hearing and refers the application back to the appropriate city staff for their official review.

            3.   Planning Commission holds a public hearing.

            4.   Planning Commission makes a recommendation to the City Council on the permit application.

            5.   City Council reviews all recommendations and approves/denies application.

         (c)   Limitation on general concept plan approval. Unless a development stage plan has been filed within 9 months from the date Council grants general concept plan approval, the approval may be revoked by Council action. The Council, at its discretion, may extend the filing deadline for a development stage plan when, for good cause shown, the extension is necessary.

      (2)   Development stage.

         (a)   Purpose. The purpose of the development stage plan is to provide a specific and particular plan upon which the Planning Commission will base its recommendation to the Council and with which substantial compliance is necessary for the preparation of the final plan.

         (b)   Submission of development stage. Upon approval of the general concept plan, and within the time established by division (D)(1)(c) above, the applicant shall submit to the city a development stage plan consisting of the information and submissions required by division (E) below for the PUD. The development stage plan shall refine, implement and be in substantial conformity with the approved general concept plan.

         (c)   Review and action by city staff and Planning Commission. Immediately upon receipt of a completed development stage plan, the Zoning Official shall refer the plan to the appropriate city staff and Planning Commission.

         (d)   Process.

            1.   Planning Commission formally acknowledges submission and receipt of development plan and sets a public hearing.

            2.   Planning Commission holds a public hearing.

            3.   Within 60 days of the public hearing or a further time as may be agreed to by the applicant, the Planning Commission shall review the reports and plans and submit its written report and recommendations to the Council and applicant. The report shall contain the findings of the Planning Commission with respect to the conformity of the development stage plan to the approved general concept plan, with respect to the merit or lack of merit of any departure of the development stage plan for substantial conformity with the concept plan and with respect to the compliance of the development stage plan with the provisions of this chapter and all other applicable federal, state and local codes and ordinances. If the Planning Commission shall find substantial conformity between the plans or that any lack of substantial conformity merits approval and shall further find the development stage plan to be in all other respects complete and in compliance with this chapter and other applicable federal, state and local codes and ordinances, it may recommend approval of the plan.

            4.   Within 30 days of receipt of the report and recommendation of the Planning Commission, the Council may grant approval, resubmit the plan to the Planning Commission for further consideration of specified items or deny approval of the plan.

            5.   The City Attorney shall draw up a PUD agreement which stipulates the specific terms and conditions established and approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor of the City of Slayton, Zoning Official and the applicant within 30 days of Council approval of the development stage plan. Where the development stage plan is to be resubmitted or denied approval, Council action shall be in the form of a written report setting forth the reasons for its action. In all cases, a certified copy of the document evidencing Council action shall be promptly delivered to the applicant.

         (e)   Limitation on detailed plan approval. Unless a final plan has been filed within 6 months from the date Council grants development stage plan approval, the approval shall expire. The Council may at its discretion, extend for not more than 6 months, the filing deadline for any final plan when, for good cause shown, the extension is necessary. In any case where development plan approval expires, the Council shall forthwith adopt a resolution repealing the general concept plan and development stage plan approval and re-establishing the zoning and other code provisions that would otherwise be applicable.

         (f)   Review and evaluation criteria. The evaluation of the proposed development stage plan shall include but not be limited to the following criteria:

            1.   Adequate property control is provided to protect the individual owners’ rights and property values and the public responsibility for maintenance and upkeep;

            2.   The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and the general public;

            3.   A sufficient amount of useable open space is provided;

            4.   The arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding residential uses;

            5.   The architectural design of the project is compatible with the surrounding area;

            6.   The drainage and utility system plans are submitted to the City Zoning Official and the final drainage and utility plans shall be subject to his or her approval;

            7.   The development schedule ensures a logical development of the site, which will protect the public interest and conserve land;

            8.   The development is in compliance with the requirements of Chapter 151 of this code;

            9.   Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned; and

            10.   The provisions of § 152.41(A)(5) below are considered and satisfactorily met.

      (3)   Final plan.

         (a)   Purpose. The final plan is to serve as a complete, thorough and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the PUD.

         (b)   Submission of final plan. Upon approval of the development stage plan and within the time established by division (D)(2)(e) above, the applicant shall submit to the city a final plan consisting of the information and submissions required by the Zoning Official, division (E) below for the PUD. The final plan is intended only to add detail to, and to put in final form, the information contained in the general concept plan and the development stage plan and shall conform to the development stage plan in all respects.

         (c)   Recording of final plan. Within 10 days of its approval by the Zoning Official the applicant shall cause the final plan, or portions thereof as are appropriate, to be recorded with the County Recorder.

         (d)   Zoning and other permits. Except as otherwise expressly provided herein, upon receiving notice that the approved final plan has been recorded pursuant to the applicable ordinances of the city, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work, provided, however, that no like permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and ordinances in which are applicable to the permit sought, have been satisfied

         (e)   Limitation on final plan approval. Within 1 year after the approval of a final plan for PUD, or a shorter time as may be established by the approved development schedule, construction shall commence in accordance with the approved plan. Failure to commence construction within that period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the PUD permit and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of this chapter, and other ordinances, applicable in the original district in which it is located. In that case, the Council shall forthwith adopt a resolution re-establishing the zoning and other ordinance provisions that would otherwise be applicable.

   (E)   Submission requirements. Twelve copies of the following exhibits, analyses and plans shall be submitted to the Planning Commission and Council during the PUD process, at the times specified in division (D) above.

      (1)   General concept stage.

         (a)   General information:

            1.   The landowner’s name and address and his or her interest in the subject property;

            2.   The applicant’s name and address if different from the landowner;

            3.   The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor; and

            4.   Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report, and other evidence as the City Attorney may require to show the status of title or control of the subject property.

         (b)   Present status:

            1.   The address and legal description of the subject property;

            2.   The existing zoning classification and present use of the subject property and all lands within 500 feet of the subject property; and

            3.   A map depicting the existing development of the subject property and all land within 500 feet thereof and showing the precise location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with elevations on and within 100 feet of the subject property.

         (c)   A written statement generally describing the proposed PUD and its purpose, and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the city.

         (d)   Site conditions: where deemed necessary by the city, graphic reproductions of the existing site conditions at a scale of 100 feet shall be submitted and shall contain the following:

            1.   Contours: minimum 2 foot intervals;

            2.   Location, type and extent of tree cover;

            3.   Slope analysis;

            4.   Location and extent of water bodies, wetlands and streams and flood plains within 300 feet of the subject property;

            5.   Significant rock outcroppings;

            6.   Existing drainage patterns;

            7.   Vistas and significant views;

            8.   Soil conditions as they affect development; and

            9.   All of the graphics should be the same scale as the final plan to allow easy cross-reference. The use of overlays is recommended for clear reference.

         (e)   Schematic drawing of the proposed development concept including but not limited to the general location of major circulation elements, public and common open space, residential and other land use.

         (f)   A statement of the estimated total number of dwelling units proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following:

            1.   Area devoted to residential uses;

            2.   Area devoted to residential use by building type;

            3.   Area devoted to common open space;

            4.   Area devoted to public open space;

            5.   Approximate area devoted to streets;

            6.   Approximate area, and potential floor area, devoted to commercial uses; and

            7.   Approximate area, and potential floor area, devoted to industrial or office uses.

         (g)   When the proposed PUD includes provisions for public or common open space or service facilities a statement describing the provision that is to be made for the care and maintenance of open space or service facilities shall be included. If it is proposed that the open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of the entity shall be submitted during the development stage.

         (h)   General intents of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.

         (i)   Where deemed necessary, a market feasibility study including an analysis of the proposal’s economic impact on the city.

      (2)   Development stage. Development stage submissions should depict and outline the proposed implementation of the general concept stage for the PUD. Information from the general concept stage may be included for background and to provide a basis for the submitted plan. The development stage submissions shall include but not be limited to:

         (a)   Zoning classification required for development stage submission and any other public decisions necessary for implementation of the proposed plan;

         (b)   Twelve sets of preliminary plans, drawn to a scale of not less than 1 inch equals 100 feet (or scale requested by the city) containing at least the following information:

            1.   Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat theretofore recorded in the county wherein the subject property is situated);

            2.   Property boundary lines and dimensions of the property and any significant topographical or physical features of the property;

            3.   The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area, or proposed buildings, and existing buildings which will remain, if any;

            4.   Location, dimensions and number of all driveways entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements;

            5.   Location, designation and total area of all common open space;

            6.   Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities;

            7.   Proposed lots and blocks, if any, and numbering system;

            8.   The location, use and size of structures and other land uses on adjacent properties;

            9.   Preliminary sketches of proposed landscaping;

            10.   General grading and drainage plans for the developed PUD; and

            11.   Any other information that may have been required by the Planning Commission or Council in conjunction with the approval of the general concept plan.

         (c)   An accurate legal description of the entire area within the PUD for which final development plan approval is sought;

         (d)   A tabulation indicating the approximate gross square footage, if any, of commercial and industrial floor space by type of activity (e.g. drug store, dry cleaning, supermarket);

         (e)   Preliminary architectural plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings, including mobile homes;

         (f)   A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights-of-way, utility lines and facilities, lots, blocks, public and common open space, general landscaping plan, structures, including mobile homes and uses;

         (g)   Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan;

         (h)   A preliminary and final plat prepared by a land surveyor, duly registered in the State of Minnesota, in accordance with the statutes of Minnesota which shall contain a notarized certification by the surveyor that the plat represents a survey made by him or her and that the monuments shown therein exist as located and that all dimensions are correct, as required by Minnesota Statutes, and a notarized certification by owner or owners of the adoption of the plat and the dedication of streets and other public areas as required by Minnesota Statutes;

         (i)   A soil erosion control plan acceptable to watershed districts, Department of Natural Resources or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures;

         (j)   A statement summarizing all changes which have been made in any document, plan data of information previously submitted, together with revised copies of any like document, plan or data;

         (k)   Further information as the Planning Commission, city staff or Council shall find necessary to a full consideration of the entire proposed PUD; and

         (l)   The Planning Commission may, by a written order, excuse any applicant from submitting any specific item of information or required document which it finds to be unnecessary to the consideration of the specific proposal for PUD approval.

      (3)   Final plan stage. After approval of a general concept and development stage plan for the proposed PUD the applicant will submit the following material for review by the city staff prior to issuance of a building permit:

         (a)   A detailed landscaping plan;

         (b)   Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit with the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility;

         (c)   All certificates, seals and signatures required for the dedication of land and recordation of documents;

         (d)   Final architectural working drawings of all structures;

         (e)   Final engineering plans and specifications for streets, utilities and other public improvements, together with a community/developer agreement for the installation of the improvements and financial guarantees for the completion of the improvements; and

         (f)   Any other plan, agreements or specifications necessary for the city staff to review the proposed construction. All work must be in conformance with the Minnesota State Building Code.

(Prior Code, § 18.114)

   (A)   Purpose. A district relating to low lands, marshes, wetlands, drainage ways, water bodies and water courses regulating alteration and development of those lands and providing for the issuance of permits therefore, and specifically to:

      (1)   Reduce danger to the health, safety and welfare of the residents of Slayton by protecting surface and ground water supplies from the impairment which results from incompatible land uses and alterations, and by providing safe and sanitary drainage;

      (2)   Restrict and control land development so it will not impede the flow of flood water or cause danger to life or property;

      (3)   Designate suitable land uses that are compatible with the preservation of the natural vegetation and marshes which are a principal factor in the maintenance of constant rates of water flow through the year and which sustain many species of wildlife and plant growth;

      (4)   Regulate runoff of surface waters from developed areas to prevent pollutants such as motor oils, sand, salt and other foreign materials from being carried directly into the nearest natural stream, lake or other public or private waters;

      (5)   Regulate the alteration of wetland systems to prevent excessive sediment pollution, increased and rapid water runoff, excessive nutrient runoff pollution and to maintain the aesthetic appearance of the wetlands; and

      (6)   Prevent the development of structures in areas which will adversely affect the public passage and use of creeks, marshes, low lands and water courses within the city.

   (B)   District application.

      (1)   The W Wetland Systems District shall be applied to and superimposed upon the Agricultural-Open Space, Residential, Business or Industrial Districts contained herein existing or amended by the text and map of this chapter. The regulations and requirements imposed by the Wetland Systems District shall be in addition to flood plain and shoreland and those established for the district which jointly apply. Under the joint application of districts, the more restrictive requirements shall apply.

      (2)   The Wetland Systems District within the City of Slayton is defined and established to include those areas which include any water course, natural drainage system, water body or wetlands that may be subject to periodic flooding, overflow or seasonally high water tables. The district boundary lines shall be established upon geographical, hydrological and surficial geological data obtained from the United States Department of Agriculture Soil Conservation Service and Soil Survey, Murray County, Minnesota. The Wetland Systems areas are composed of soils groups 8, 9, 10 and 11 as defined by the U.S.D.A. Soils Conservation Service. These specific soils groups are characterized as unsuitable for development due to their poor drainage qualities, flooding proneness, poor texture, high water table depth and general organic content.

   (C)   Permitted uses. The following operations and uses are permitted in the Wetland Systems District as a matter of right, subject to any other applicable code, ordinance or law:

      (1)   Grazing, farming, (excluding animal feedlots) nurseries, gardening and harvesting of crops;

      (2)   Sustained forestry and tree farms;

      (3)   Conservation of soil, vegetation, water, fish and wildlife;

      (4)   Scientific research and educational activities that teach principles of ecology and conservation;

      (5)   Leisure activities such as hiking, nature studies, canoeing, boating, camping water-skiing, skin-diving, horseback riding, field trails and general outdoor recreation including play and sporting areas that are not consistent with the intent of this chapter; and

      (6)   Essential services.

   (D)   Prohibited uses. Except as may hereinafter be conditionally permitted, it shall be unlawful for any person to:

      (1)   Place, deposit or permit to be deposited, debris, fill or any material including structures into, within or upon any water body, water course or wetlands flood plain or natural drainage system;

      (2)   Dig, dredge or in any other wav alter or remove any material from water bodies, water courses, wetlands, flood plains or natural drainage system;

      (3)   Erect structures for human habitation;

      (4)   Create ponds, dam or relocate any water course, or change the natural drainage system;

      (5)   Clear and/or cut trees or other vegetation;

      (6)   Permanently store materials;

      (7)   Erect signs; or

      (8)   Dispose of waste materials, including but not limited to sewage, garbage, rubbish and other discarded materials.

   (E)   Development regulations.

      (1)   Land owners or developers desiring to develop land or construct any dwelling or any other artificial obstruction on land located within a wetlands district within the City of Slayton shall first submit a conditional use permit application as regulated by § 152.41 below and a plan of development, hereinafter referred to as a wetland systems impact plan, which shall set forth proposed provisions for sediment control, water management, maintenance of landscaped features and any additional matters intended to improve or maintain the quality of the environment.

      (2)   This plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the earth, including loss or change of earth ground cover, destruction of trees, grade changes and its effect, if any, upon lake, streams, water courses and marshes, lowlands and wetlands in the area.

      (3)   The plan shall minimize tree removal, ground cover change, loss of natural vegetation, and grade changes as much as possible, and shall affirmatively provide for the relocation or replanting of as many trees as possible that are proposed to be removed.

      (4)   The purpose of the wetland systems impact plan shall be to eliminate as much as possible potential pollution, erosion and siltation.

(Prior Code, § 18.115)  Penalty, see § 10.99