Bellevue — Ch. 8 Buildings, Housing, and Construction § 8-32

(a) Appeal of decision of building official. An appeal to the village construction commission may be taken by a property owner aggrieved by a decision of the building official in cases where discretionary power in estimating damages is given to the building official, in questions relating to the security or insecurity of any building or part thereof, and in all other cases when discretionary powers are given to the code official by the village's construction-related codes.
(b) Intent of appeal process. The intent of the appeal process is not to waive or set aside a code requirement; rather it is intended to provide a means of reviewing a code official's decision on an interpretation or application of the code or to review the equivalency of protection to the code requirements.
(c) When appeal to be filed; records. An appeal may be taken within 30 days from the date of the decision appealed from by filing with the building official and with the chairperson of the commission a notice of appeal, specifying the grounds thereof, except that in the case of a building or structure which in the opinion of the building official is unsafe or dangerous. The building official shall transmit to the commission all the records upon which the action appealed from was taken.
(d) Variances generally. A request to the construction commission for variance from construction code requirements may be made by a property owner for new construction or remodeling existing residential and commercial structures when strict compliance would cause exceptional practical difficulties or would work a particular hardship upon the owner or user of such property, as distinguished from a mere inconvenience for such owner or user, provided that it can be shown to the satisfaction of the commission that such relief can be granted without substantially impairing the general purpose or intent of the construction codes.
(e) Property maintenance code variances. A request for a variance from the property maintenance code may be made by the property owner. The commission may grant relief from strict compliance of each provision of the property maintenance code if the petitioner meets one or more of the following criteria:
(1) There is substantial compliance with the provision of the property maintenance code.
(2) The granting of the variation will not be detrimental to the public health or safety or injurious to other property or improvements in the neighborhood in which the property is located.
(3) The intent of the property maintenance code is not compromised.
(4) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, an undue hardship would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
(5) The conditions upon which an application for a variation is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same classification.
(6) The code requirement creates a financial hardship for the petitioner that does not impose a life safety threat to the public.
(7) The practical difficulty or hardship is caused by this section and has not been created by any persons presently having an interest in the property.
(8) The safety of the building occupants will not be jeopardized.
(f) Public hearing; final decision. The commission shall in every case requesting an appeal or variance hold a public hearing and reach a decision without unreasonable or unnecessary delay. The commission shall publish notice of such hearing in a newspaper published within the village at least 15 days prior to the date of the hearing. Every decision of the commission shall be in writing and shall be promptly filed in the office of the code official. A copy of the decision shall be sent by mail or otherwise to the petitioner. If a decision of the commission reverses an order of the code official, the code official shall take action in accordance with such decision.