Chapter 14.48
APPEALS AND EXCEPTIONS
Sections
14.48.010 Appeals from building official
14.48.020 Appeals—hearing and decision
14.48.040 Exceptions—application
14.48.050 Exceptions—investigation
14.48.060 Exceptions—public hearing
14.48.070 Exceptions—granting or denial
14.48.080 Fees—appeals and exceptions
14.48.010 Appeals from building official
(a) The following decisions of the building official are subject to appeal to the building code board of appeals:
(1) The denial of a building permit.
(2) The issuance of an order under KCC 14.44.010.
(b) A decision described in subsection (a) of this section is final unless appealed to the building code board of appeals within 10 days of the mailing of notice of the decision. An appeal is commenced by filing with the city clerk a written notice of appeal, specifically stating the reason for the appeal and the relief sought, and payment of the appeal fee prescribed under this chapter.
(c) An appeal under this section may be brought by any person aggrieved by the decision appealed, or by any government agency. [Ord. 650, 1982]
14.48.020 Appeals—hearing and decision
(a) The building code board of appeals shall hold a public hearing on each appeal. At the hearing the board of appeals shall review the appeal record and hear evidence and argument presented by persons interested in an appeal.
(b) The building code board of appeals shall either affirm or reverse the building official’s decision in whole or in part. If the building code board of appeals fails to approve the reversal of the building official’s decision, that decision is affirmed.
(c) Every decision of the building code board of appeals on an appeal shall be based upon findings and conclusions adopted by the board of appeals. The findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision.
(d) The building code board of appeals’ decision on an appeal shall be mailed to the appellant within 10 days after the decision. [Ord. 650, 1982]
14.48.030 Appeal—decision
The building code board of appeals shall render a decision on the appeal within 40 days after its filing. [Ord. 650, 1982]
14.48.040 Exceptions—application
(a) An application for exception from the regulations of this title may be filed by any taxpayer, property owner, or party affected.
(b) An application for exception is commenced by filing with the city clerk a written request specifically stating any and all reasons justifying the granting of the exception, and payment of the exception fee prescribed under this chapter. [Ord. 650, 1982]
14.48.050 Exceptions—investigation
(a) The building code board of appeals shall cause an investigation to be made to determine that such uses will not be injurious to public health, safety, or welfare or detrimental to other properties or uses in the vicinity.
(b) The board may require the petitioner to submit engineering and other technical studies in support of the petition. [Ord. 650, 1982]
14.48.060 Exceptions—public hearing
The board shall hold a public hearing on all applications for an exception. Such hearing shall be held not less than 10 days nor more than 30 days following the date of filing of such application; the applicant shall be notified of the date of such hearing. The board shall cause to be sent to each owner of the properties within a distance of 300 feet of the exterior boundary of the lot or parcel of land described in such application, notice of the time and place of the hearing, a description of the property involved, and the provisions of this title from which an exception is sought. For the purposes of this chapter, “owner of property” means that owner shown upon the latest tax assessment rolls. [Ord. 650, 1982]
14.48.070 Exceptions—granting or denial
Within 40 days after the receipt of an application, the board shall render its decision. If it is the opinion of the board, after consideration of the investigation report, that the proposed exception will not endanger the public health, safety, or general welfare, or be inconsistent with the general purposes and intent of this title, the board shall approve the exception with or without conditions. If the proposed exception will tend, in the opinion of the board, to endanger in any way the public health, safety, or general welfare or produce results inconsistent with the general purposes and intent of this title, the board shall deny the application. [Ord. 650, 1982]
14.48.080 Fees—appeals and exceptions
Notices of appeal and applications for exception shall be accompanied by a filing fee as established by resolution or motion of the city council. [Ord. 951 §13, 1993; Ord. 650, 1982]