City of Blue Springs, MO
Jackson County
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Table of Contents
Table of Contents
[R.O. 1996 § 402.010; Ord. No. 4558 § 1, 8-3-2015]
A. 
Responsibility. The Director of Community Development shall be responsible for administering this Development Code.
B. 
Powers And Duties. In administering this Development Code, the Director of Community Development shall have the following powers and duties:
1. 
To interpret and enforce the regulations of this Development Code;
2. 
To approve and issue all building and occupancy certificates, and other administrative approvals authorized under this Development Code, and make and maintain records thereof;
3. 
To conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this Development Code;
4. 
To receive, file, and forward to the Board of Adjustment the records in all appeals and all other applications;
5. 
To maintain permanent and current records of this Development Code, including but not limited to, all Zoning Maps, amendments, conditional uses, variances, appeals and applications therefor and records of hearings thereon;
6. 
To prepare and have available in digital book, pamphlet or map form, on or before September 30 each year:
a. 
The compiled text of this Development Code and amendments thereto, including all amendments adopted through the preceding September 30; and
b. 
A Zoning Map or maps, showing the zoning districts, divisions and classifications in effect on the preceding September 30.
7. 
To maintain for distribution to the public a supply of copies of the Zoning Map or maps, the compiled text of this Development Code, and the rules of the Board of Adjustment; and
8. 
To serve as the secretary and provide such clerical, technical and professional assistance and recommendations as may be required by the Planning Commission, Board of Adjustment and other Boards, Commissions and Officials in the exercise of their duties relating to this Development Code.
C. 
Responsibility. The Director of Public Works shall be responsible for regulating construction of public infrastructure improvements within the City, including the design and construction of streets, water lines, sanitary sewers, and storm sewers, and develop and maintain current the Public Works Design and Construction Manual for the City of Blue Springs.
[R.O. 1996 § 402.020; Ord. No. 4558 § 1, 8-3-2015]
A. 
Established. Under the provisions of the Charter of the City of Blue Springs and Section 89.300, RSMo., and following, as the same are from time-to-time amended, there is herewith authorized, appointed and established a Planning Commission for the City of Blue Springs.
B. 
Membership And Appointment. The Planning Commission shall consist of eleven (11) members who shall be citizens of the City. Members shall be appointed by the Mayor and approved by the City Council and shall be residents of the City at the time of appointment and during all times serving on the Commission.
C. 
Powers And Duties. The powers, duties and terms of office of the members of the Planning Commission shall be as designated by Section 89.300 et seq., RSMo., as the same may be from time-to-time amended. The Commission shall have the power to make whatever rules and guidelines necessary for the execution of its duties as set forth in the UDC consistent with State law. All rules shall be approved by the City Council by resolution before becoming effective. The citizen members who have been previously appointed and are serving at the time that this Section was first enacted shall continue for the remaining periods of their appointments. Thereafter, when a position on the Planning Commission becomes vacant, the person filling that vacancy shall be appointed for a four (4) year term and said terms shall be such that they expire on April 15 each year.
D. 
Comprehensive Plan. There is herewith adopted and authorized a Comprehensive Plan, to be prepared by the Blue Springs Planning Commission, which plan shall be promulgated by the Commission under the rules, regulations and conditions authorized and provided for by Section 89.300 et seq., RSMo., as the same are from time-to-time amended.
E. 
Zoning Commission. The Blue Springs Planning Commission is hereby appointed as the Zoning Commission of Blue Springs.
[R.O. 1996 § 402.030; Ord. No. 4558 § 1, 8-3-2015]
A. 
Establishment. A Board of Adjustment is hereby established in accordance with Chapter 89, RSMo.
B. 
Membership. The Board of Adjustment shall consist of five (5) members, who are residents of the City. The citizens who have been previously appointed and serving at the time that this Section or UDC is readopted shall continue for the remaining periods of their appointments. Thereafter members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. All members and alternates shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board of Adjustment shall elect its own Chairperson who shall serve for one (1) year.
C. 
Meetings And Voting. The Board of Adjustment may adopt rules and bylaws in accordance with the provisions of this Chapter. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine. The Chairperson may continue any hearing at the request of the applicant to a date certain if in their discretion they deem it advisable, provided that the costs of continuance and notice of the next hearing date to interested parties shall be at the cost of the applicant or party requesting the continuance. The Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment, and shall be public record. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the Board of Adjustment for that purpose.
D. 
Powers And Duties. The Board of Adjustment shall have the following powers and duties:
1. 
Appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official of the City in the enforcement of this Development Code.
2. 
Variances. To authorize in specific cases a variance from the specific terms of this Development Code which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this Development Code will, in an individual case, result in unnecessary hardship or practical difficulties, provided that the spirit of this Development Code shall be observed, public safety and welfare secured, and substantial justice done.
[Ord. No. 4795, 2-19-2019]
3. 
Other Matters. To hear and decide all matters referred to it or upon which it is required to pass under this Development Code.
E. 
Vote Required For Action. A concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Development Code, or to approve any variance under this Development Code.
F. 
Appeal Of Board Of Adjustment's Decision.
1. 
Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any officer, department or board of the municipality, may present to the Circuit Court of the County a petition, duly verified setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the Board of Adjustment.
2. 
Upon the presentation of such petition, the Court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board of Adjustment and on due cause shown, grant a restraining order.
3. 
The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
4. 
If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with the findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
5. 
Costs shall not be allowed against the Board of Adjustment unless it shall appear to the Court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.
6. 
All issues in any proceeding under this Section shall have preference over all other civil actions and proceedings.
[R.O. 1996 § 402.040; Ord. No. 4558 § 1, 8-3-2015]
A. 
Establishment And Administration.
1. 
Establishment. There is hereby established a committee in and for the City of Blue Springs which shall be known as the Appearance Review Committee.
2. 
Composition. The Appearance Review Committee shall consist of three (3) members.
3. 
Qualifications Of Members. Individuals familiar with or experienced in matters of aesthetic judgment and who are residents of the City, shall be eligible as members of the Appearance Review Committee.
4. 
Appointment Of Members. Each member of the Appearance Review Committee shall be appointed by the Mayor, with the approval of the City Council.
5. 
Terms Of Members. Each member shall be appointed for a term of two (2) years, provided that the terms of the first three (3) members appointed shall be for one (1), two (2) and three (3) years, respectively.
6. 
Removal Of Members. Members of the Appearance Review Committee may be removed without cause at the will of the Mayor with the consent of the City Council.
7. 
Designation Of Chairperson. The Chairperson of the Appearance Review Committee shall be designated by the Mayor.
8. 
Area Of Effect. The Appearance Review Committee shall be responsible for review of applications for building permits within the Adams Dairy Parkway Overlay (ADP-O) Zoning District or any other area or district of the City as authorized or directed by the City Council. Committee review shall not be required for single-family detached and duplex residential structures or for alterations and repairs not affecting the outward appearance of a building or site.
B. 
Meetings. Meetings of the Appearance Review Committee shall be held at the call of the Chairperson, and at such other times as the Appearance Review Committee may determine. Two (2) members shall constitute a quorum, and in the absence of the Chairperson, the member next in seniority shall be the Acting Chairperson. Meetings of the Appearance Review Committee may be called by the Mayor. No official action of the Appearance Review Committee shall be taken except at a meeting open to the public. The Director of Community Development shall be designated as Secretary to the Appearance Review Committee and shall be responsible to keep minutes of its proceedings showing the vote of each member upon each question, or if absent or if failing to vote, indicating such fact. A majority of the Appearance Review Committee may adopt rules and regulations to govern the procedure before the Appearance Review Committee.
[R.O. 1996 § 402.050; Ord. No. 4558 § 1, 8-3-2015]
A. 
There is hereby created a Blue Springs Historic Preservation Commission.
1. 
Number Of Members. The Historic Preservation Commission is to be composed of nine (9) members.
2. 
Appointment. The Mayor, with the consent and approval of the majority of the members of the City Council, shall have the power to appoint all members. One (1) member shall be a representative from the Planning Commission and one (1) shall be a City Councilmember representative.
[Ord. No. 4813, 4-15-2019]
3. 
Terms of office. Citizen appointments shall be for terms of three (3) years. The Planning Commission and Councilmember representatives shall be appointed annually. Members may serve consecutive terms.
]Ord. No. 4813, 4-15-2019]
4. 
Qualifications. Members shall be residents of Blue Springs. All members should demonstrate an interest and knowledge of history, architecture or preservation. In addition, every effort should be made to appoint members with the following additional qualifications:
[Ord. No. 4813, 4-15-2019]
a. 
An architect who has professional experience in restoration or historic preservation.
b. 
A member of the Blue Springs Historical Society.
c. 
A property owner in an existing or proposed Historic District or Conservation District.
d. 
A merchant in an existing or proposed Historic District or Conservation District.
5. 
Organization And Authority.
a. 
Chairperson. Neither the City Councilmember representative nor Planning Commission representative shall be appointed as Chairperson or Vice Chairperson.
[Ord. No. 4813, 4-15-2019]
b. 
Rules. The Historic Preservation Commission shall have power to make whatever rules and guidelines necessary for the execution of its duties as set forth in this Chapter. All such rules shall be approved by the City Council by resolution before becoming effective.
c. 
Meetings. The Historic Preservation Commission shall meet on a periodic basis as determined by the Commission from time-to-time, and may hold any other special meetings as called by the Chairperson or a majority of its members.
d. 
Records. The Historic Preservation Commission shall keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determination and decisions. All such material shall be public record.
6. 
Duties And Powers. The Historic Preservation Commission shall act in an advisory capacity to the City Council, Planning Commission, and Director of Community Development in carrying out activities required by City ordinances relating to the administration of this Development Code regarding Historic Landmarks, Historic Districts, and Conservation Districts and shall have the following powers and duties:
a. 
To review amendments, modifications or revisions of this Development Code regarding Historic Landmarks, Historic Districts, and Conservation Districts and make recommendations to the City Council.
b. 
To initiate and recommend property and/or properties for proposed designation as a Historic Landmark and/or Historic District.
c. 
To review applications for building permits for Historic Landmarks or within a Historic District, or within a Conservation District, and to make recommendations concerning such applications to the Director of Community Development.
d. 
To review proposed changes to buildings, structures, street furniture, City parks, civic areas, public facilities or environmental features of a Historic Landmark or within a Historic District, or within a Conservation District, reporting its recommendations to the City staff.
e. 
To review applications for demolition permits to demolish buildings or structures within a Historic District or Conservation District, and to make recommendations concerning such applications to the Director of Community Development.
f. 
To review applications for conditional use permits for a Historic Landmark or within a Historic District, or within a Conservation District, and to make recommendations concerning such requests to the Planning Commission.
g. 
To initiate from time-to-time a comprehensive review of the provisions of this Development Code regarding Historic Landmarks, Historic Districts, or Conservation Districts.
h. 
To disseminate to owners or occupants of Historic Landmarks or within Historic or Conservation Districts, or to the general public, information concerning the preservation of Historic Landmarks, Conservation Districts, or Historic Districts.
i. 
To support the nomination to the National Register of Historic Places, of local Historic Landmarks and Districts, of Conservation Districts, or any property which the Commission members believe meet the standards herein set forth and have contributed to the history, architecture and culture of Blue Springs.
j. 
To establish and maintain a survey and inventory of historic properties in accordance with standards and guidelines established by the Division of Parks, Recreation, and Historic Preservation within the Department of Natural Resources of the State of Missouri. In establishing the foregoing information, the Commission shall place particular emphasis upon evaluating and incorporating the findings and studies and surveys already completed.
[R.O. 1996 § 402.060; Ord. No. 4558 § 1, 8-3-2015]
A. 
There is hereby created a Downtown Review Board (DRB).
1. 
Number Of Members. The DRB is to be composed of nine (9) members and one (1) alternate member.
2. 
Appointment And Terms Of Office.
a. 
The Mayor, with the consent and approval of the majority of the City Council, shall appoint two (2) members of the City Council to serve on the DRB.
b. 
The Mayor, with the consent and approval of the majority of the City Council, shall appoint two (2) members of the City Planning Commission to serve on the DRB.
c. 
The Community Development Director shall serve on the DRB.
d. 
The Director of Public Works shall serve on the DRB.
e. 
The Mayor, with the consent and approval of the majority of the City Council, shall appoint one (1) member of the City Planning Commission to serve on the DRB as an alternate member. If one (1) of the DRB members appointed from the Planning Commission is unable to serve on the DRB for a specific application due to absence or conflict of interest, this alternate member shall serve as a member of the DRB for the application.
f. 
The Mayor, with the consent and approval of the majority of the City Council, shall also appoint one (1) resident, who may be a property owner who lives in T-Zones shown on the Downtown Zoning Map.
[Ord. No. 4813, 4-15-2019]
g. 
The Mayor, with the consent and approval of the majority of the City Council, shall appoint two (2) members who each shall be on the Board of Downtown Blue Springs Main Street, Inc. d/b/a Blue Springs Downtown Alive! or Chamber of Commerce.
[Ord. No. 4813, 4-15-2019]
h. 
All appointed members of the DRB shall serve a term of one (1) year. Appointed members of the DRB may serve more than one (1) term.
[Ord. No. 4813, 4-15-2019]
3. 
Authority.
[Ord. No. 4813, 4-15-2019]
a. 
Rules. The DRB shall have power to make whatever rules and guidelines necessary for the execution of its duties as set forth in this Chapter. All rules shall be approved by the City Council by resolution before becoming effective. If no rules are adopted, Robert's Rules (RR) shall apply.
b. 
Meetings. The DRB shall meet on an as-needed basis, based upon the complete submission of applications.
c. 
Records. The DRB shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, determinations and decisions. All such material shall be public record.
4. 
Duties And Powers. The DRB will act as the Governing Body for the Downtown Development Code (DDC) and Sign Code within the Downtown Zoning District. Only alterations and additions to the principle structure will be reviewed in the T3 (Sub-Urban) Zoning District. Accessory structures in the T3 (Sub-Urban) Zoning District will be reviewed administratively. Temporary signage will be reviewed administratively in the Downtown Zoning District.
[Ord. No. 4585 §  1, 2-1-2016; Ord. No. 4625 § 1, 11-21-2016]
[Ord. No. 4679, 8-21-2017]
See Chapter 120, Article VI, of this Code.