1183.09 PERMIT AND APPEAL.
   (a)   Any fence which may be permitted shall require the issuance of a permit prior to its erection by the Building and Zoning Inspector after an application for same has been approved by him.
   (b)   Should the Building and Zoning Inspector fail or refuse to issue a permit after proper application has been made therefor, a person may appeal the failure or refusal to the Board of Zoning Appeals. The power to grant variances to this chapter shall include, but not be limited to, the authority to grant variances with respect to prohibited fences under Section 1183.05. The person seeking a variance shall follow all rules and Board of Zoning Appeals procedures currently enforced for granting variances to the application of the Village Zoning Ordinance, including no such variance shall be authorized unless a finding is made that all of the following facts and conditions exist:
      (1)   Exceptional and extraordinary circumstances or conditions applying to the subject property that do not apply generally to other properties in the same district or vicinity.
      (2)   The special circumstances or conditions do not result from actions of the property owner or any of his predecessors in title.
      (3)   Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by owners of other properties in the same district or vicinity.
      (4)   The authorization of such variance shall not be materially detrimental to the public welfare or injurious to property in the district or vicinity in which the property is located.