[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."
[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.
[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.
[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.
[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.
[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.