(a) Any person may request a variation from the provisions of this article. Except as otherwise provided in subsection 9-79(d) hereof, variation requests shall be filed with the village manager, who shall promptly refer them to the fence board of appeals for public hearing and decision.
(b) The fence board of appeals shall grant a variation to a public utility or any unit of local government when such variation is sought for the purpose of enclosing premises used for public utility or municipal purposes and upon a finding that such variation is reasonably necessary for the public convenience or welfare. The fence board of appeals may grant a variation with respect to other property concerning which it is found that:
(1) The variation if granted will not alter the essential character of the locality;
(2) The variation will be in harmony with the general purpose and intent of the fence ordinance;
(3) The variation will set no unfavorable precedent either to the immediate neighborhood or to the village as a whole; and
(4) The variation will not affect public safety.
(c) Any action taken by the fence board of appeals with respect to any request for variation shall be subject to judicial review under the Administrative Review Act.
(d) In addition to variations granted by the fence board of appeals, the board of trustees may grant variations for fences on property owned by a unit of local government when such variation is in the public interest.
(Ord. No. 70-10-1479; Ord. No. 83-4-1664; Ord. No. 91-20-1861)