The city council may grant variances to allow fences that exceed the height limitations set forth herein only when the city council finds that the proposed variance is compatible with the neighborhood, that there are special characteristics of the site which make the application of the fencing requirements different for this property than other property within the city, and that it would be in the best interest of the city to approve the request for a variance. An application as prescribed by the city clerk must be completed and filed with the city clerk before a request for a variance will be considered by the city council. The completed form and documents must be submitted to the city clerk not later than twenty five (25) days prior to the date of a regular city council meeting where the request for a fence variance can be heard by the city council. Variances to allow fences to be built and maintained at a height greater than otherwise allowed under city regulations may only be granted where strict application of the fence regulations would result in practical difficulties or hardship to a property owner and the variance is not detrimental to the public interest. The city council will not grant a variance in fence height when the new fence will create a sight distance hazard. Before the city council will consider a request to vary the height of a fence, the applicant must provide all adjoining neighbors notice of the request in writing. The written notice must be mailed or delivered at least ten (10) days before the city council meeting at which the request is to be heard. The written notice must clearly describe the fence variance that is being requested, including the location of the fence, the proposed building materials to be used and the reasons why the request is being made. The written notice must also inform the neighbors of the date that the city council will consider the request and that they are invited to provide comment in writing or in person to the city council at the meeting. Once the notice has been given, and not later than the day before the scheduled city council meeting, the applicant shall provide to the city clerk a copy of the written notice that was provided to the neighbors and the applicant shall complete an affidavit for the city clerk confirming that the notice was provided as required to all neighbors identified as part of the application. If any neighbor does not receive notice and brings a complaint against the fence, the city council may refuse to grant or, if previously granted, revoke the permit. The city council shall issue and provide to the applicant(s) a written decision on an application for a variance no later than thirty (30) days after the hearing regarding the same. Such decision shall be provided to the applicant(s) by personal delivery, regular mail or electronic means. When sent by electronic means, the applicant(s) shall be deemed to have received the decision on the date it was sent. When sent by regular mail, the applicant(s) shall be deemed to have received the decision three (3) days after the date of mailing. An applicant or affected person may seek reconsideration of the decision by filing a written request with the city clerk no later than fourteen (14) days after receiving the decision. Such request must identify specific deficiencies in the decision for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed or modified. A written decision on the request for reconsideration shall be provided to the applicant or affected person in the manner provided above within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. (Ord. 276, 1-5-2016)