(A) Subject to the criteria set forth in this section, the village board of trustees may grant an exception to the provisions of this chapter when the village board of trustees is satisfied, based upon the evidence presented, that a granting of an exception will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty warranting an exception to the provisions of this chapter. In considering whether to grant a fence exception, the village board of trustees will consider among other things the following criteria:
(1) The granting of the exception will not impair an adequate supply of light and air to adjacent property or endanger the public health, safety, comfort, morals, or welfare of the public.
(2) The granting of the exception will not unreasonably diminish or impair established property values within the surrounding area.
(3) The property is unique or exceptional in terms of the particular physical surroundings, shape or topographical conditions of the property involved, orientation or location of any existing structure on the property, or other physical condition of the property.
(4) The applicant must comply with the conditions, restrictions or any other requirements of any applicable subdivision covenants.
(B) The village board may place conditions upon the granting of any exception.
(C) A written petition for an exception under this section shall be filed with the building department and shall be accompanied by a filing fee equal to the fee set by the board of trustees for variations from the zoning ordinance. The petitioning property owner shall give written notice to the owners of all adjacent property and also to the owner of all properties across a street, alley, easement (public or private), of any type, immediately opposite the subject property. Such notice shall show the date of the filing of the petition, a description of the type of fence, and the nature of the exception requested.
(Ord. 09-8-1773, passed 8-24-2009)