(a) Any person who is denied a permit for the construction of a fence in the City may appeal to the Board of Zoning Appeals. The appellant will pay the scheduled fee to the City with a written application on the forms provided by the Board of Zoning Appeals, at which time the Secretary of the Board of Zoning Appeals will place the appellant's request on the Board's agenda for the next available meeting date.
(b) If the Board shall find that such proposed fence is substantially in accordance with the requirements described in this chapter, notwithstanding insubstantial variances therefrom, and shall determine that the construction, alteration, relocation or reconstruction of the proposed fence will not constitute a nuisance, fire hazard, public safety hazard or traffic hazard, and further will not impair the light or movement of air in a manner tending to cause an unhealthy condition, or will not adversely affect the reasonable use of neighboring properties, the Board may recommend the granting of such permit and shall refer the matter to Council.
(c) Upon consideration of such matter and the standards set forth in this chapter, Council may order the granting of such permit by the affirmative vote of not less than a majority of its members, whereupon the Chief Building Inspector shall issue a permit in accordance with such order. In considering such appeal and such recommendation, the Board and Council may require additional data from the applicant reasonably related to the factors to be considered in taking action thereon.
(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.)