[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; Ord. No. 5110, 4-18-2022]
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 nine (9) members who shall be citizens
of the City. Members for four (4) year terms. The Mayor, with the
consent and approval of a majority of the City Council, shall appoint
all members of the Planning Commission. All members shall be residents
of Blue Springs. Best efforts will be made to have representation
from each Council District. Appointment of a successor or reappointment
of a member shall be effective on or about May 1 following expiration
of the member's term. Members shall continue to hold office until
reappointed or their successor is appointed. The Mayor, with the consent
and approval of a majority of the City Council, shall appoint a person
to fill the unexpired term of that member.
Any member of the Planning Commission may be removed from office
for cause, including, but not limited to, misconduct, neglect of duty,
or lack of qualifications stated in writing and after a public hearing
by executive order of the Mayor after receiving the consent of a majority
of the entire City Council, or by a five-sevenths (5/7) vote of the
City Council on its own initiative.
The members of the Planning Commission shall elect a Chair and
Secretary, who shall serve as the Vice Chair, annually on or about
May 1 for a term of one (1) year. No member shall serve more than
two (2) consecutive terms as Chair or Secretary.
Any sub-committee of the Planning Commission shall require approval
of the City Attorney and City Council. Any approved sub-committees
shall abide by all Sunshine Laws
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. Rules of Procedure shall be adopted and
amended from time to time by Resolution by the City Council.
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.
F.
The
Planning Commission shall submit on or before April 1 of each year,
a written report to the City Council containing activities and updates
of the board.
[R.O. 1996 § 402.030; Ord. No. 4558 § 1, 8-3-2015; Ord. No. 5110, 4-18-2022]
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. Three (3) alternate members may be appointed
to serve in the absence of or the disqualification of the regular
members. Members shall be appointed for terms of five (5) years each.
The Mayor, with the consent and approval of a majority of the City
Council, shall appoint all members of the Board of Adjustment. All
members shall be residents of Blue Springs. Best efforts will be made
to have representation from each Council District. Appointment of
a successor or reappointment of a member shall be effective on or
about May 1 following expiration of the member's term. Members shall
continue to hold office until reappointed or their successor is appointed.
The Mayor, with the consent and approval of a majority of the City
Council, shall appoint a person to fill the unexpired term of that
member. Any member of the Board of Adjustment may be removed from
office for cause, including, but not limited to, misconduct, neglect
of duty, or lack of qualifications upon written charges and after
a public hearing by executive order of the Mayor after receiving the
consent of a majority of the entire City Council, or by a five-sevenths
(5/7) vote of the City Council on its own initiative. The Board of
Adjustment shall elect its own Chair and Vice Chair who shall serve
for one (1) year. No member shall serve more than two (2) consecutive
terms as Chair or Vice Chair. Any sub-committee of the Board of Adjustment
shall require approval of the City Attorney and City Council. Any
approved sub-committees shall abide by all Sunshine Laws.
C.
Meetings And Voting. Rules of Procedure
shall be adopted and amended from time to time by Resolution by the
City Council in accordance with the provisions of Sections 89.010
to 89.140, RSMo. 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; Ord. No. 5110, 4-18-2022]
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. The Mayor,
with the consent and approval of a majority of the City Council, shall
appoint all members of the Appearance Review Committee. All members
shall be residents of Blue Springs. Best efforts will be made to have
representation from each Council District. Appointment of a successor
or reappointment of a member shall be effective on or about May 1
following expiration of the member's term. Members shall continue
to hold office until reappointed or their successor is appointed.
The Mayor, with the consent and approval of a majority of the City
Council, shall appoint a person to fill the unexpired term of that
member.
5.
Terms Of Members. Each member shall
be appointed for a term of three (3) years.
6.
Removal Of Members. Any member of
the Appearance Review Committee may be removed from office for misconduct,
neglect of duty, or lack of qualifications by executive order of the
Mayor after receiving the consent of a majority of the entire City
Council, or by a five-sevenths (5/7) vote of the City Council on its
own initiative.
7.
Designation Of Chair And Vice Chair.
The Mayor, with the consent and approval of a majority of the City
Council, shall appoint a Chair and Vice Chair annually on or about
May 1 for a term of one (1) year. No member shall serve more than
two (2) consecutive terms as Chair or Vice Chair.
8.
Rules of Procedure. Rules of Procedure shall be adopted and amended
from time to time by Resolution by the City Council.
9.
Sub-Committees. Any sub-committee of the Appearance Review Committee
shall require approval of the City Attorney and City Council. Any
approved sub-committees shall abide by all Sunshine Laws.
10.
Area Of Effect. The Appearance Review
Committee shall be responsible for review of applications for site
plan design review applications 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 meet on a periodic basis based on complete submittal
and review of applications, and at such other times as the Appearance
Review Committee may determine. No official action of the Appearance
Review Committee shall be taken except at a meeting open to the public.
[R.O. 1996 § 402.050; Ord. No. 4558 § 1, 8-3-2015; Ord. No. 4813, 4-15-2019; Ord. No. 4885, 2-3-2020; Ord. No. 5110, 4-18-2022]
A.
There
is hereby created a Blue Springs Historic Preservation Commission.
1.
Number Of Members. The Historic Preservation
Commission is composed of seven (7) members. Two (2) non-voting liaison
members shall be appointed; one (1) from the City Council and one
(1) Planning Commission.
2.
Appointment, Composition And Terms
Of Office. The Mayor, with the consent and approval of a majority
of the City Council, shall appoint all members of the Historic Preservation
Commission. All members shall demonstrate an interest and knowledge
of history, architecture or preservation. In addition, every effort
should be made to appoint members with a professional background in
architecture, history, archaeology, planning, urban design, geography,
anthropology, folklore, curation, conservation, landscape architecture,
or any other related disciplines or fields related to historic preservation. All
members shall be residents of Blue Springs. Appointment of a successor
or reappointment of a member shall be effective on or about May 1
following expiration of the member's term. Members shall continue
to hold office until reappointed or their successor is appointed.
The Mayor, with the consent and approval of a majority of the City
Council, shall appoint a person to fill the unexpired term of that
member. Appointments shall be for terms of three (3) years. Members
may serve consecutive terms.
Any member of the Historic Preservation Commission may be removed
from office for misconduct, neglect of duty, or lack of qualifications
by executive order of the Mayor after receiving the consent of a majority
of the entire City Council, or by a five-sevenths (5/7) vote of the
City Council on its own initiative.
The Mayor, with the consent and approval of a majority of the
City Council, shall appoint a Chair and Vice Chair annually on or
about May 1 for a term of one (1) year. No member shall serve more
than two (2) consecutive terms as Chair or Vice Chair.
Any sub-committee of the Historic Preservation Commission shall
require approval of the City Attorney and City Council. Any approved
sub-committees shall abide by all Sunshine Laws.
3.
Organization And Authority.
a.
Rules. Rules of Procedure shall be
adopted and amended from time to time by Resolution by the City Council.
b.
Meetings. The Historic Preservation
Commission shall meet on a periodic basis based on complete submittal
and review of applications or to review other agenda items or topics
pertinent to the duties and powers of the Commission.
4.
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:
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; Ord. No. 4585 § 1, 2-1-2016; Ord. No. 4625 § 1, 11-21-2016; Ord. No. 4813, 4-15-2019; Ord. No. 5110, 4-18-2022]
A.
There
is hereby created a Downtown Review Board (DRB).
1.
Number Of Members. The DRB is to
be composed of five (5) members.
2.
Appointment, Composition And Terms
Of Office.
a.
The Mayor, with the consent and approval
of a majority of the City Council, shall appoint all members of the
Downtown Review Board. Three (3) members shall be residents: every
effort shall be made to appoint members who live, work, or own property
in T-Zones as shown on the Downtown Zoning Map. One (1) member shall
be on the Board of Downtown Blue Springs Main Street, Inc., d/b/a
Blue Springs Downtown Alive! and one (1) member from the Chamber of
Commerce. All members shall be residents of Blue Springs, with the
exception of appointments from community partner agencies, which shall
be current employees or members of the organization. Two (2) members
of the City Council shall serve as non-voting liaisons to the Board
and shall be appointed annually by the Mayor.
b.
Appointment of a successor or reappointment
of a member shall be effective on or about May 1 following expiration
of the member's term. Members shall continue to hold office until
reappointed or their successor is appointed. The Mayor, with the consent
and approval of a majority of the City Council, shall appoint a person
to fill the unexpired term of that member. Members appointed by other
entities shall serve until the entity to be represented appoints a
replacement.
c.
Any member of the Downtown Review
Board may be removed from office for misconduct neglect of duty, or
lack of qualifications by executive order of the Mayor after receiving
the consent of a majority of the entire City Council, or by a five-sevenths
(5/7) vote of the City Council on its own initiative.
d.
The Mayor, with the consent and approval
of a majority of the City Council, shall appoint a Chair and Vice
Chair annually on or about May 1 for a term of one (1) year. No member
shall serve more than two (2) consecutive terms as Chair or Vice Chair.
e.
Any sub-committee of the Downtown
Review Board shall require approval of the City Attorney and City
Council. Any approved sub-committees shall abide by all Sunshine Laws.
f.
All resident members of the ORB shall
serve a term of three (3) years. Blue Springs Downtown Alive! and
Chamber of Commerce members shall continue to hold office until reappointed,
or their successor is appointed.
3.
Authority.
a.
Rules. Rules of Procedure shall be
adopted and amended from time to time by Resolution of the City Council.
b.
Meetings. The Downtown Review Board
shall meet on an as-needed basis based on complete submittal and review
of applications or to review other agenda items or topics pertinent
to the duties and powers of the Board.
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.
