(a) Any fence which may be permitted shall require the issuance of a permit prior to its erection by the Zoning Inspector after an application for same has been approved.
(b) Should the Zoning Inspector fail or refuse to issue a permit after proper application has been made therefore, a person may appeal the failure or refusal to the Planning and Zoning Commission which has been established under Ohio R. C. 713.01. There is hereby delegated to the Planning and Zoning Commission under Ohio R. C. 713.11 the power to permit variances after hearing in accordance with the established rules and procedures of the Planning and Zoning Commission. 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 1185.05. The person seeking a variance and the Planning and Zoning Commission shall follow all rules and 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.
(Ord. 20-2010. Passed 11-16-10.)