(A) In cases where the requirements of this subchapter would be a hardship on the property owner, or where the particular circumstances and condition so the property involved, or where the type offence contemplated by the general provisions of this subchapter would not adequately and reasonably fit the purpose intended by a fence in the location contemplated, the Building Department may issue a special permit designed to accommodate all reasonable circumstances; provided, however, no permit in variance of the express terms of this subchapter shall be issued where the fence would create a hazard to the public health, safety and welfare of the inhabitants of the city. In any such case, the Building Department may refer the matter to the Zoning Board of Appeals for its determination.
(B) If the property owner is aggrieved by the decision of the Building Department, such person may appeal to the Zoning Board of Appeals for a waiver of such requirements as the owner deems necessary for his or her property and the Board of Appeals shall review the matter and make such decision as it finds necessary and appropriate consistent with the public health, safety and welfare of the city.
(Ord. 163, passed 2-15-2005)