Where strict compliance with the requirements of this chapter would be an undue hardship on the property owner, as a result of the circumstances and conditions of the property involved and its relationship to surrounding properties, or the type of fence contemplated, pursuant to this chapter, would not adequately and reasonably fulfill any reasonable purpose intended by a fence as contemplated, the Building Department may issue a special permit designed to accommodate such circumstances with reasonable conditions. No permit varying the terms of this chapter shall issue where the fence would create a hazard and/or unreasonably increase the risk of injury to persons or property or would result in a substantial lack of harmony with surrounding properties. The Building Department may refer the matter to the Charter Township of Clinton Zoning Board of Appeals for determination. If the property owner is aggrieved by a decision of the Building Department, the owner may appeal to the Charter Township of Clinton Zoning Board of Appeals for a waiver or variance of requirements. The Zoning Board of Appeals may consider a request for a variance or waiver in light of the requirements of this chapter. A fee shall be paid in the same amount as for a variance by either a residential or nonresidential applicant as set in the Fee Schedule Ordinance, Chapter 209 of this code. The reasons for the variance shall be set forth, in writing, upon an application form approved by the Zoning Board of Appeals. The Zoning Board of Appeals shall consider and issue a decision within forty-five days provided all information necessary for a decision has been timely submitted by the applicant.
(Ord. 261-A-1. Passed 2-11-80; Ord. 459. Passed 9-9-19.)