(A) Appeals. Any person denied a permit to erect or re-erect a fence shall have the right to appeal the decision of the code official to the Board upon filing the appropriate fee. The Board shall, after a public hearing conducted under this chapter and the rules of the Board, be authorized to grant dimensional and use variances if the applicant demonstrates upon a finding that all of the following conditions are met:
(1) The particular physical surroundings, shape, or topographical conditions of the property would render compliance with the requirements of this section difficult and would likely result in a particular hardship on the person causing the fence to be erected. No variance shall be granted to anyone who deems a waiver based on the mere inconvenience of the requirements of this chapter or to increase financial gain or avoid the financial expense of compliance.
(2) Strict enforcement of the provisions of this chapter would serve no useful purpose.
(3) The type of fence and the location proposed would not pose a significant risk to the public health, safety, and welfare.
(4) The benefit of the fence to the general public outweighs any risk to public health, safety, and welfare.
(5) A waiver would be in the best interest of the city and not against the spirit and intent of this chapter.
(B) Variances. A dimensional variance shall require a simple majority vote of the Board, and a use variance shall require a two-thirds majority vote of the Board.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)