(A) The requirements of § 150.116 may not be varied, except regarding the criteria contained in § 150.116(E) and only upon application to the Planning and Zoning Board of Appeals, which may recommend to the Mayor and Aldermen of the city a variation in fence regulations in harmony with the general purpose and intent of this chapter, only in accordance with standards and procedures hereinafter set forth.
(B) Procedure and notice of hearing. An application for a variation shall be filed in writing with the Building Official on forms recommended by the Planning and Zoning Board of Appeals. Such application shall be forwarded from the Building Official to the Planning and Zoning Board of Appeals with a request to hold a public hearing and thereafter set forth its findings and recommendations. The findings and recommendations of the Planning and Zoning Board of Appeals shall be made in writing and shall be forwarded to the Mayor and Aldermen of the city. Notice of the time and place of such public hearing shall be published at least once, not more than 30 days or less than 15 days before the hearing, in a newspaper of general circulation published within the city.
(C) Standards for variations.
(1) No variation shall be recommended by the Planning and Zoning Board of Appeals, or granted by the Mayor and Aldermen of the city, unless findings have been made based upon the evidence presented in each specific case that the following conditions have been met:
(a) The proposed variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship which would result if the strict letter of the regulations were carried out and which is not generally applicable to other property within the same district;
(b) The alleged hardship has not been created by any person presently having a proprietary interest in the property;
(c) The property in question cannot yield a reasonable return if a fence may only be built under the regulations;
(d) The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood;
(e) The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, or endanger the public safety;
(f) The proposed variation will not alter the essential character of the neighborhood; and
(g) The proposed variation is in harmony with the spirit and intent of this chapter.
(2) No variance shall be granted to allow a fence in a front yard.
(3) No variance shall be granted to allow a fence in a corner side yard in a residential district if any of its design elements are prohibited, as specified above.
(4) No variance shall be granted if the proposed fence would detract from the total appearance of the surrounding area. However, creative fencing and landscaping designs will be evaluated.
(D) Standards for variations of barbed wire fences.
(1) A fence located on real estate in the C-1 Central Area Commercial, C-2 Highway Commercial, I-1 Limited Industrial and I-2 General Industrial Districts as defined and established by Ch. 165, Zoning Code, of this code of ordinances may be constructed in part of what is commonly known as barbed wire. However, such barbed wire shall be located at the top only of a fence being eight feet high above the sidewalk grade or eight feet high above the surface of the ground where no sidewalk grade is established, no more than three strands of said barbed wire may be so located, and such barbed wire shall be a continuation of said fence in a vertical plane or slanted to overhang the real estate which said fence is designed to enclose.
(2) No fence shall be erected in whole or in part of what is commonly known as barbed wire on real property in a C-1 Central Area Commercial District or C-2 Highway Commercial District if the real property located within a one square block area of the real property upon which the fence with barbed
wire is to be erected is improved with more than 50% residential dwellings or if barbed wire would detract from the historical theme of the area as set forth in Ch. 158 of this code of ordinances.
(E) Fee. A sum of $25 will be charged by the city for a variance application.
(Prior Code, § 150.117) (Ord. 86-08, passed 2-11-1986; Ord. 2021-043, passed 9-14-2021; Ord. 2024-032, passed 6-25-2024)