Blue Springs City Zoning Code
CHAPTER 402
Review and Decision-Making Bodies
Section 402.010 Director Of Community Development And Director Of Public Works.
[R.O. 1996 § 402.010; Ord. No. 4558 § 1, 8-3-2015]
Responsibility. The Director of Community Development shall be responsible for administering this Development Code.
Powers And Duties. In administering this Development Code, the Director of Community Development shall have the following powers and duties:
To interpret and enforce the regulations of this Development Code;
To approve and issue all building and occupancy certificates, and other administrative approvals authorized under this Development Code, and make and maintain records thereof;
To conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this Development Code;
To receive, file, and forward to the Board of Adjustment the records in all appeals and all other applications;
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;
To prepare and have available in digital book, pamphlet or map form, on or before September 30 each year:
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
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.
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.
Section 402.020 Planning Commission.
[R.O. 1996 § 402.020; Ord. No. 4558 § 1, 8-3-2015; Ord. No. 5110, 4-18-2022]
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.
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
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.
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.
Zoning Commission. The Blue Springs Planning Commission is hereby appointed as the Zoning Commission of Blue Springs.
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.
Section 402.030 Board Of Adjustment.
[R.O. 1996 § 402.030; Ord. No. 4558 § 1, 8-3-2015; Ord. No. 5110, 4-18-2022]
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.
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.
Powers And Duties. The Board of Adjustment shall have the following powers and duties:
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.
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]
Other Matters. To hear and decide all matters referred to it or upon which it is required to pass under this Development Code.
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.
Appeal Of Board Of Adjustment's Decision.
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.
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.
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.
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.
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.
All issues in any proceeding under this Section shall have preference over all other civil actions and proceedings.
Section 402.040 Appearance Review Committee.
[R.O. 1996 § 402.040; Ord. No. 4558 § 1, 8-3-2015; Ord. No. 5110, 4-18-2022]
Establishment And Administration.
Establishment. There is hereby established a committee in and for the City of Blue Springs which shall be known as the Appearance Review Committee.
Composition. The Appearance Review Committee shall consist of three (3) members.
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.
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.
Terms Of Members. Each member shall be appointed for a term of three (3) years.
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.
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.
Rules of Procedure. Rules of Procedure shall be adopted and amended from time to time by Resolution by the City Council.
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.
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.
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.
Section 402.050 Historic Preservation Commission.
[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; Ord. No. 5383, 12-16-2024]
There is hereby created a Blue Springs Historic Preservation Commission.
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.
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.
Organization And Authority.
Rules. Rules of Procedure shall be adopted and amended from time to time by Resolution by the City Council.
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.
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:
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.
To initiate and recommend property and/or properties for proposed designation as a Historic Landmark and/or Historic District.
To review applications for building permits for Historic Landmarks or within a Historic District, or within a Conservation District, that involve new buildings or structures, excluding fences, uncovered decks, pools, sheds, or other similar structures as determined by the Community Development Director, or include altering a building or structure that is identified on the property's Architectural/Historic Inventory Form as significant or as a contributing feature, and to make recommendations concerning such applications to the Director of Community Development.
To review proposed permanent changes to buildings, structures, street furniture, City parks, civic areas, public facilities or environmental features of a Historic Landmark or within a Historic District, reporting its recommendations to the City staff.
To review applications for demolition permits to demolish buildings or structures, excluding fences, uncovered decks, pools, sheds, or other similar structures as determined by the Community Development Director within a Historic District, or within a Conservation District, which are identified on the property's Architectural/Historic Inventory Form as significant or as a contributing feature, and to make recommendations concerning such applications to the Director of Community Development.
To review applications for conditional use permits for a Historic Landmark or within a Historic District, or within a Conservation District, that include altering a building or structure, excluding fences, uncovered decks, pools, sheds, or other similar structures as determined by the Community Development Director, that is identified on the property's Architectural/Historic Inventory Form as significant or as a contributing feature, and to make recommendations concerning such requests to the Planning Commission.
To initiate from time-to-time a comprehensive review of the provisions of this Development Code regarding Historic Landmarks, Historic Districts, or Conservation Districts.
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.
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.
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.
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.
Section 402.060 (Reserved) [1]
[1]
Editor's Note: Former Section 402.060, Downtown Review Board, was repealed by Ord. No. 5383, 12-16-2024. Prior history includes: R.O. 1996 § 402.060; Ord. No. 4558; Ord. No. 4585; Ord. No. 4625; Ord. No. 4813; and Ord. No. 5110.