Fence, Retaining Walls, Animal Runs and Screening Ordinance
Special Exception: The Zoning Board of Adjustment shall have the power to grant a Special Exception waiving or modifying Fence, Retaining Walls, Animal Runs and Screening Regulations where the literal enforcement of the Ordinance would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of this Ordinance.
A public hearing is not required for Zoning Board of Adjustment consideration of a Special Exception related to Fence, Retaining Walls, Animal Runs and Screening Regulations.
- The following are established as general conditions, ALL of which are to be met upon the granting of any special exception.
- No diminution in value of surrounding properties would be suffered; and
- Granting the permit would be of benefit to the public interest or surrounding properties; and
- Denial of the permit would result in unnecessary hardship to the owner seeking it; and
- A zoning restriction as applied to the owner's property interferes with the reasonable use of the property, considering the unique setting of the property in its environment; and
- By granting the permit, substantial justice would be done; and
- The use must not be contrary to the spirit of the Ordinance.
- The burden of demonstrating that all general conditions have been met and that a Special Exception is appropriate is upon the person requesting the Special Exception. The Zoning Board of Adjustment may require a person requesting a Special Exception to provide proof as the Board determines necessary and appropriate for the Board to evaluate the application for Special Exception.