The height limitations of this ordinance shall not apply to:

1.

Belfries.

2.

Chimneys.

3.

Church spires.

4.

Conveyors.

5.

Cooling towers.

6.

Cupolas.

7.

Derricks.

8.

Flagpoles.

9.

Fire towers.

10.

Monuments.

11.

Observation towers.

12.

Radio and television towers, antennas, or aerials.

13.

Smokestacks.

14.

Tanks.

15.

Transmission towers.

16.

Water towers.

In the case of a group housing project of two or more buildings to be constructed on a plot of ground of at least five unsubdivided acres, or where the existing or contemplated street and lot layout make it impractical to apply the requirements of this ordinance to the individual building units, the application of the terms of this ordinance may be varied by the board of adjustment. Such variance, however, should not adversely affect the character of the neighborhood, should assure substantially the same character of occupancy and intensity of land use as set forth by this ordinance. However, in no case shall the board of adjustment authorize a use prohibited in the district in which the project is located, or a smaller lot area per family than the minimum required, or a greater height, or a larger coverage than the requirements of this ordinance in such a district.

[The following are exceptions and modifications to the yard and open space requirements of this ordinance:]

1.

More than one main institutional, public, semipublic, commercial, or industrial building may be located upon a lot or tract, providing that no such building or portion thereof is located outside the buildable area of the lot.

2.

Every part of a required yard shall be open to the sky, except where accessory buildings are permitted in a rear or side yard and except for the ordinary projection of sills, belt courses, cornices, and ornamental features projecting not more than 18 inches; however, a roof, gutter, or eave may project to the extent of four feet into a required side yard if a minimum distance of three feet remains open to the sky between the farthest projection of such roof, gutter, or eave and the side property line.

3.

A canopy attached to a building with no other support may project into a required side yard, provided that this projection is at least three feet away from the nearest side lot line. Also canopies may be located in required front or side yards adjacent to streets on lots occupied by churches, schools, hospitals, clinics, funeral parlors, hotels, public buildings, and institutions of a philanthropic, educational, religious, or eleemosynary nature. Such canopies may be supported by other means than the building.

4.

An open, unenclosed, uncovered porch or terrace not exceeding the ground elevation by more than six inches may project into a required front yard a distance not more than ten feet but in no case more than half the distance from the required building line to the front property line. This shall not be interpreted to include or permit fixed marquees or canopies except where otherwise provided herein.

5.

Where less than 50 percent of a building's total floor area is occupied by dwelling units or living quarters in commercial or industrial districts, no yards shall be required, except such yards as may be required for commercial or industrial buildings in the district in which the building is located.

6.

For the purpose of providing yards for an electric substation, a gas pressure regulating and metering station for public utility purposes, or for structures such as row apartment houses, and tourist court cabins, such structures shall be considered as one building occupying one lot.

[The following are exceptions and modifications to the use regulations of this ordinance:]

1.

Fences may be erected along the boundaries of a lot or yard area; however, such fences may not exceed seven feet in height with fences constructed in front yard areas not exceeding four feet in height. No hazardous material shall be used in fence construction.

2.

Existing railroads may continue to be operated and maintained in residential, commercial, and industrial districts, but no new railroad lines or accessory structures may be erected in these districts, except when so authorized by the board of adjustment.

3.

Public utilities, including electric substations, sewer and water pumping stations, drainage pumping stations, water towers, and buildings and structures of a similar nature, may be located in any district when authorized by the board of adjustment, provided that such uses be placed and operated to cause the least inconvenience to owners or tenants of adjoining lots and not to cause serious annoyance or injury to occupants of adjoining or nearby premises by reason of emission of odors, fumes, gases, dust, smoke, noise, vibrations, light, glare, or any other nuisance.

4.

Temporary buildings used in connection with construction work only may be located in any district during the period of construction, but such temporary buildings shall be removed upon completion of such construction work.

5.

The following uses may be located in any district when approved by the board of adjustment and subject to such safeguards as the board may establish:

1.

Cemeteries.

2.

Community centers.

3.

Dial telephone substations.

4.

Fire stations.

5.

Hospitals for human care (not mental).

6.

Parking lots.

7.

Parks and playgrounds.

8.

Police stations.

9.

Transit terminals.

6.

Churches and temples may be located in any district when approved by the city council. The council, in granting the permit, will take into consideration the adequacy of the site, the adequacy of the off-street parking space, and the architectural harmony of the church building in relation with [to] the surrounding development.

7.

Agricultural uses of land and/or buildings on tracts of ten acres or more shall be excluded from the provisions of this ordinance.

8.

Temporary sand and gravel extraction may take place in any district when approved by the board of adjustment and subject to such safeguards as the board may establish. It is the intent of this ordinance to provide for the economical extraction of sand and gravel from deposits within the city limits of Minden in the interest of the continued growth of the city. In furtherance of this intention, this ordinance seeks to allow, in areas where sand and gravel operations are not permitted as a matter of right, development of these deposits prior to the use of the land for other purposes, by providing for temporary mining operations whenever such activity will not result in permanent and insoluble conflict with adjacent land uses.

The board of adjustment, in granting a temporary permit for sand and/or gravel extraction, will satisfy itself that the applicant for such permit will meet the following performance standards:

Land rehabilitation:

A.

All excavations must either be made to a water-producing depth, or graded, or backfilled. Excavation made to a water-producing depth must have a depth of not less than six feet measured from the low water mark; all banks shall be sloped to the water line at a slope no steeper than 1½ feet horizontal to one foot vertical; all banks shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land immediately surrounding and to a depth of at least six inches; such topsoil shall be planted with trees, shrubs, legumes, or grasses, upon the parts of such area where revegetation is possible.

B.

Backfilling of excavations not made to a water-producing depth, shall be made with nonnoxious, nonflammable, noncombustible solids, the graded or backfilled area shall not collect and permit stagnant water to remain thereon; the peaks and depressions of the area shall be reduced to a surface which will result in a gently rolling topography, in substantial conformity to the land area immediately surrounding, which will minimize erosion due to rainfall; such graded or backfilled area shall be sodded or surfaced with soil of a quality at least equal to the topsoil of the land area immediately surrounding and to a depth of not less than the depth of the topsoil on surrounding land; such topsoil shall be planted with trees, shrubs, legumes, or grasses upon the parts of such area where revegetation is possible.

The board of adjustment may also require safeguards to protect the adjacent property owners, by requiring setbacks from property lines, control of noise and dust, control of appearance, and safety measures, such as fencing.

[The following regulations apply to accessory buildings:]

1.

Except on corner lots, any accessory building that is not a part of the main building may be built in a required side yard, providing such accessory building is not less than 60 feet from the front lot line nor less than three feet from the nearest interior side lot line.

On corner lots, accessory buildings are not permitted in required side yards on the side street side or within any portion of the rear yard area which lies between the side street and the prolongation of the required side yard line into the rear yard area.

2.

Accessory buildings not exceeding one-story nor 14 feet in height may be built in required rear yards, provided that in any case where accessory buildings are not built on rear lot or side lot lines, such accessory buildings shall not be located less than three feet from either side or rear lot line.

3.

The combined gross area of all accessory buildings or portions thereof, located in [the] required side and rear yards, shall not exceed 30 percent of the required rear yard area, nor shall more than one accessory building cover any part of the required side yard.