[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:
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 of the Sign Code regarding Historic
Signs and shall have the following powers and duties:
[Ord. No. 4885, 2-3-2020]
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.
k.
To review applications for Master Sign Plans for Historic Signs anywhere
within the incorporated limits of the City of Blue Springs and to
make recommendations concerning such requests to the Planning Commission.
[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]
