City of Blue Springs, MO Chapter 401 General Provisions

Section 401.010 Title.

[R.O. 1996 § 401.010; Ord. No. 4558 § 1, 8-3-2015]

The regulations of this Title shall be officially known and cited as the "Unified Development Code of the City of Blue Springs, Missouri" although it may be called hereafter the "Development Code" or "UDC."

Section 401.020 Authority.

[R.O. 1996 § 401.020; Ord. No. 4558 § 1, 8-3-2015]

This Development Code is enacted pursuant to the powers granted and limitations imposed by the City's Charter, Constitution and laws of the State of Missouri, including the statutory authority granted in Chapter 89, RSMo., as amended.

Section 401.030 Purpose.

[R.O. 1996 § 401.030; Ord. No. 4558 § 1, 8-3-2015]

A. This Development Code is adopted to promote the public safety, health and general welfare of residents and visitors to the City of Blue Springs. More specifically, the regulations have the following general purposes:

1. Implement the Comprehensive Plan and other plans and programs authorized under the guidance of the Comprehensive Plan;

2. Preserve and protect property values throughout the City;

3. Regulate the height and size of buildings, the amount of building coverage and open space, the size of setback areas and the density of population;

4. Divide the City into zones and districts that promote the relationships and development patterns of the Comprehensive Plan;

5. Regulate and restrict the development and use of buildings and land within each zoning district to create a compatible scale and range of building types within districts;

6. Provide for orderly growth and harmonious development of Blue Springs consistent with established policies of the City;

7. Secure proper arrangement and design of streets to support abutting land uses, provide access and circulation, coordinate with existing and planned streets, and strengthen investment in the public realm of the City;

8. Achieve lots of maximum utility and viability laid out and of a size that is in harmony with existing and proposed development of the area;

9. Secure adequate provisions for water, drainage, sanitary sewer facilities based upon City, State, and Federal requirements;

10. Provide open space, recreation areas and other public facilities and civic spaces that help organize development and contribute to a valuable public realm; and

11. Protect extraordinary public investment in public infrastructure, public amenities and public facilities.

Section 401.040 Applicability And Jurisdiction.

[R.O. 1996 § 401.040; Ord. No. 4558 § 1, 8-3-2015]

A. The provisions of this Development Code shall apply to the development of all structures and land within the incorporated area of the City of Blue Springs. It shall be unlawful to conduct any development or construct any structure until:

1. All applicable development review and approval processes have been followed;

2. All applicable approvals have been obtained; and

3. All required permits or authorizations to proceed have been issued.

Section 401.050 Transitional Provisions.

[R.O. 1996 § 401.050; Ord. No. 4558 § 1, 8-3-2015; Ord. No. 4570 § 1, 10-5-2015; Ord. No. 4885, 2-3-2020]

A. Violations Continue. Any violation of the previous zoning, or subdivision regulations of the City shall continue to be a violation under this Development Code and shall be subject to penalties and enforcement under Chapter 410, unless the use, development, construction or other activity is clearly consistent with the express terms of this Development Code as determined by the Director of Community Development, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before October 5, 2015.

B. Non-Conformities Under Previous Ordinance Or Resolution. Any non-conformity under the previous zoning regulations of the City shall be considered a legal non-conformity under this Development Code, so long as the situation that resulted in the non-conforming status under the previous regulations continues to exist and the use or structure was lawful at the time it commenced, constructed or modified. If, however, a non-conformity under a prior ordinance or resolution becomes conforming as a result of the adoption of this Development Code or any subsequent amendment to the Development Code, then such situation shall no longer be considered a non-conformity.

C. Completion Of Development.

1. Applications Submitted Before October 5, 2015. Any building or development for which a complete application was submitted to the City before October 5, 2015, shall be reviewed for compliance with the zoning and subdivision regulations in effect before October 5, 2015. Complete applications submitted before October 5, 2015, may be approved and permits may be issued even if the proposed building or development that is the subject of the permit does not fully comply with provisions of this Development Code. If construction is not commenced or completed in accordance with the applicable permit terms, the City Council may, for good cause shown, grant not more than one (1) extension of up to six (6) months for such construction. If the building or development is not completed in a timely manner, within the time allowed under the permit or any extension granted, then the building or development may be constructed, completed or occupied only in strict compliance with the requirements of this Development Code.

2. Permit Issued Before October 5, 2015. Any building or development for which a permit was duly issued before October 5, 2015, may be completed in conformance with the issued permit and other applicable permits and conditions, even if such building or development does not fully comply with provisions of this Development Code. If construction is not commenced or completed in accordance with the applicable permit terms, the City Council may, for good cause shown, grant not more than one (1) extension of up to six (6) months for such construction. If the building is not completed in a timely manner, within the time allowed under the original permit or any extension granted, then the building or development may be constructed, completed or occupied only in strict compliance with the requirements of this Development Code.

3. Plats Approved Before October 5, 2015. Any subdivision for which a preliminary or final plat was approved before October 5, 2015, may be completed in accordance with the approved plat and other applicable permits and conditions, even if the subdivision does not fully comply with the provisions of this Development Code. If the subdivision is not completed within the time requirements established by prior ordinance or resolution or within any schedule included in the approval of the plat, the City Council may, for good cause shown, grant one (1) extension of not more than one (1) year for the completion of such subdivision. If the subdivision is not completed within the time required under the original approval or any extension that may be granted, then such subdivision may be completed and buildings therein constructed and used only in strict compliance with the requirements of this Development Code.

Section 401.060 Severability.

[R.O. 1996 § 401.060; Ord. No. 4558 § 1, 8-3-2015]

A. If any court of competent and final jurisdiction declares any part of this Development Code to be invalid that ruling shall not affect any other provisions of this Development Code not specifically included in that ruling.

B. If any court of competent and final jurisdiction declares that the application of this Development Code to a particular property or structure is invalid, that ruling shall not affect the application of said regulations to any other property or structure.