1464.08 VARIANCES.

   (a)   A variation may be petitioned for relative to the requirements of Section 1464.01 with said variation request being heard by the Zoning Board of Appeals. In processing any such variation request, the provisions of Sections 1264.05 through 1264.09 of this Code shall be followed. In regard to any such variation request, all adjacent property owners shall be sent a copy of the same notice, as the same is published in the newspaper, by first-class U.S. mail, at least ten days prior to the scheduled hearing date. For purposes of this section, an adjacent property owner shall be defined as the taxpayer of record relative to any parcel that has a common property line with the parcel for which the variation is being sought or which is separated therefrom by only a right-of-way (i.e. across the street from the parcel for which the variation is being sought).

   (b)   In regard to any fence variation, the following limitations shall apply:

      (1)   A fence height variation so as to allow for a fence of not to exceed six feet in height.

      (2)   A fence setback variation shall be limited to no closer than six inches to the property lot line.

   (c)   In addition to any factors to be reviewed pursuant to Sections 1264.05 through 1264.09 of the Zoning Code, a fence variation shall only be granted where a finding is made as to each of the following conditions:

      (1)   That the plight of the petitioner for the variation is caused by unique circumstances;

      (2)   That the variation, if granted, will not alter the essential character of the immediate surrounding area;

      (3)   That a fence, in full compliance with the limitations of this chapter, would not adequately serve the same purposes as a fence of increased height, of a different material and/or to the property lot line, as the case may be; and

      (4)   That strict adherence to the fence requirements of the chapter would cause particular hardship upon the petitioner for the variation.

      (5)   The reduction in the open space of the fence, the additional height, and/or the requested location will assist in reducing noise, screening incompatible adjacent uses, or increase safety to the owners of the subject property or abutting properties.

(Ord. 1998-09. Passed 4-13-98; Ord. 2005-16. Passed 4-25-05; Ord. 2014-11. Passed 5-12-14.)