The Village President, pursuant to the Wisconsin Statutes, shall, subject to the confirmation by the Board of Trustees, appoint members and alternate members of a Board of Appeals with terms of office commencing April 1 and shall designate one of the members as Chairperson.

The Board of Appeals shall have all the powers and authority vested in such a board by § 62.23(7)(e), Wis. Stats., and all acts amendatory thereof and supplementary thereto.

In addition to the authority granted under § 62.23(7)(e), Wis. Stats., the Board of Appeals shall have the power and authority to grant a special exception from the dimensional requirements of this chapter where the Board of Appeals finds it necessary, based upon the facts of an individual case, to provide a reasonable accommodation to a disabled person, subject to the following. A special exception under this section may waive or modify the dimensional requirements of applicable zoning regulation(s) only to the extent reasonably required to provide a reasonable accommodation for the disability. A special exception shall not fundamentally alter the nature of a program (e.g., altering the fundamental purpose of the zoning regulation) or impose undue financial or administrative burdens on the Village of Fox Point. Dimensional requirements for which a special exception may be granted under this section are limited to open area, front yard, rear yard and side yard requirements of applicable zoning district regulations. A special exception granted under this section should generally expire upon the termination of the occupancy of the property by the disabled person, and the Board of Appeals may so condition the grant of the special exception and require the recording of a deed restriction setting forth the terms of the special exception and the termination thereof. For purposes of this section, "disability" shall be construed to have the meaning set forth in 42 U.S.C. § 12102, Title II of the Americans With Disabilities Act, and regulations pertaining thereto, as amended from time to time.

The Board of Appeals may adopt such rules or regulations with respect to the time of its meetings and the procedure at its meetings as it may deem appropriate and shall, subject to the Wisconsin Statutes applicable thereto, specify the procedure pursuant to which appeals shall be taken to it, be heard and disposed of by it. All rules or regulations adopted by the Board of Appeals shall be reduced to written form, and the original thereof, identified by signature of the Chairperson of the Board, shall be filed in the office of the Village Clerk/Treasurer.

Wherever in the ordinances of the Village of Fox Point reference is made to a Board of Appeals, it shall be deemed to refer to the Board appointed pursuant to this section of this chapter.

In Board of Appeals actions involving special exceptions and variances, in addition to any notice requirements under any applicable state or federal law, or as otherwise provided in the Village of Fox Point Code, the Village Clerk/Treasurer, or his or her designee, shall provide notice by first class mailing to the owners or occupants of all properties within 500 feet of the subject property at least 21 days prior to any hearing or proceeding.

A filing fee as described in Chapter 63 of this Code shall be paid to the Village at the time of filing any application with the Board of Appeals.