The provisions of this chapter shall be enforced by the Building
Inspector of the Village. Appeals from the decision of the Building
Inspector may be made to the Board of Appeals as provided for by law.
The Board of Appeals shall adopt rules governing its proceedings
and may, from time to time, amend and repeal such rules, all, however,
subject to the approval of the Village Board. No decision of the Board
shall be filed until signed by the Chair or acting Chair of the Board.
The place of filing decisions of the Board shall be in the office
of the Village Manager. With each original decision so filed, there
shall be furnished to the Village Manager nine copies of such decision,
who shall deliver by mail or otherwise a copy of such decision to
the Building Inspector and to each member of the Village Board within
two days after the filing of the original thereof.
Filing fee. An appeal by an applicant for a variance to the Whitefish
Bay Board of Appeals from the Building Inspector's denial of a permit
shall be accompanied by a nonrefundable fee as se from time to time
by the Village Board.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
The Board of Appeals, pursuant to Wis. Stats. § 62.23(7)(e),
and after appropriate notice and hearing, may grant a special exception
to a requirement imposed by this chapter, when the section of the
Zoning Code which imposes such requirement expressly allows for special
exceptions.
In making its determinations under Subsection C(3), the Board of Appeals may consider factors such as: characteristics of the real property, including, but not limited to, relative placement of improvements thereon with respect to property boundaries or otherwise applicable setbacks; existing and future use of property; useful life of improvements at issue; disability of an occupant; aesthetics; degree of noncompliance with the requirement allowed by the special exception; proximity to and character of surrounding properties; zoning of the area in which property is located and neighboring areas; and the purpose and intent of the Zoning Code subsection imposing the requirement.
Any special exception granted under the authority of Subsection C(1) may contain conditions that the Board of Appeals deem necessary, including, but not limited to, conditions that:
Prescribe a limitation on the action effectively authorized
by the special exception, even though such a limitation does not otherwise
appear in the requirement from which the special exception is sought.