(a) No fence in any Single Family, Multi Family, Mixed Use, Apartment, Retail and Industrial District shall exceed six feet in height above the existing grade line with an allowable deviance of no more than three inches to allow for clearance and/or uneven terrain.
(b) In the event that an appeal is taken to the Board of Zoning Appeals based upon a denial for failure to comply with the requirements of subsection (a) hereof, notice of such appeal shall be forwarded by the applicant to all owners of the properties abutting the rear and side yards of the property, or their written consent to the construction of such fence shall be submitted to the Board of Zoning Appeals. Notice shall be deemed provided upon mailing. It shall be the responsibility of the applicant to supply the Board of Zoning Appeals with evidence sufficient to establish the identity of the owners of the abutting property and proof of the notice called for herein.
(Ord. 95-7. Passed 6-6-95; Ord. 2001-37. Passed 7-10-01; Ord. 2012-20. Passed 3-20-12; Ord. 2017-10. Passed 6-20-17.)