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Appeals
Overview
The City of Blue Springs Municipal Code provides the opportunity for different types of appeals and petitions. In an effort to provide a user friendly guide to the various appeals process the table below has been created.

These materials are not meant to be legal advice and you should consider consulting with an attorney concerning the potential right to appeal/petition and the means of doing so.

Table of Appeals
The table below outlines the various types of appeal, what type of decisions or governing bodies can be appealed, who can make the appeal and time frame in which an appeal can be made.

Body or Decision
Appealed
Municipal Code Section Who Can
Appeal
Time Frame and Format of Appeal 

 Board of Adjustment

402.030

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. Appeal is to the Circuit Court.  A petition, duly verified setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. A petition shall be presented to the Court within 30 days after the filing of the decision in the office of the Board of Adjustment.

 Platting
(Preliminary Plat)

403.050 

Appeals may be filed by the applicant; the Director of Community Development; the Planning Commission or any member thereof; the City Council or any member thereof; any owner of land directly affected by the action or proposed action; any person who received mailed notice of the public hearing; any person who participated in the public hearing on the proposed action; any other person that the body taking the final, non-appellate action or the appellate body determines to be actually or potentially aggrieved by the appealed action; and any person given the right of appeal by law. Appeals from the action of the Planning Commission to the City Council on an application for PUD final plan approval should be filed with the Director of Community Development within 7 days of the close of the Planning Commission public hearing.

Planned Unit Developments,
PUDS
(PUD Final Plan)

 403.040

Appeals may be filed by the applicant; the Director of Community Development; the Planning Commission or any member thereof; the City Council or any member thereof; any owner of land directly affected by the action or proposed action; any person who received mailed notice of the public hearing; any person who participated in the public hearing on the proposed action; any other person that the body taking the final, non-appellate action or the appellate body determines to be actually or potentially aggrieved by the appealed action; and any person given the right of appeal by law. Appeals from the action of the Planning Commission to the City Council on an application for PUD final plan approval should be filed with the Director of Community Development within 7 days of the close of the Planning Commission public hearing.

Conditional Use Permits  

 403.060

Appeals may be filed by the applicant; the Director of Community Development; the Planning Commission or any member thereof; the City Council or any member thereof; any owner of land directly affected by the action or proposed action; any person who received mailed notice of the public hearing; any person who participated in the public hearing on the proposed action; any other person that the body taking the final, non-appellate action or the appellate body determines to be actually or potentially aggrieved by the appealed action; and any person given the right of appeal by law. Appeals from the action of the Planning Commission to the City Council on an application for PUD final plan approval should be filed with the Director of Community Development within 7 days of the close of the Planning Commission public hearing.

 Site Plan and
Design Review

 403.070

Appeals may be filed by the applicant; the Director of Community Development; the Planning Commission or any member thereof; the City Council or any member thereof; any owner of land directly affected by the action or proposed action; any person who received mailed notice of the public hearing; any person who participated in the public hearing on the proposed action; any other person that the body taking the final, non-appellate action or the appellate body determines to be actually or potentially aggrieved by the appealed action; and any person given the right of appeal by law.

Appeals of the Planning Commission's decision to the City Council on an application for site plan and design review approval should be filed with the Director of Community Development within 7 days of the date of the Planning Commission's decision.

Telecommunications Facility - Major telecommunications facility site plan  

 403.170

Appeals may be filed by the applicant; the Director of Community Development; the Planning Commission or any member thereof; the City Council or any member thereof; any owner of land directly affected by the action or proposed action; any person who received mailed notice of the public hearing; any person who participated in the public hearing on the proposed action; any other person that the body taking the final, non-appellate action or the appellate body determines to be actually or potentially aggrieved by the appealed action; and any person given the right of appeal by law.

Appeals to the City Council of the Planning Commission's decision on an application for a minor or major telecommunications facility site plan approval should be filed with the Director of Community Development within 7 days of the date of the Planning Commission's decision.

 Redevelopment in Designated Areas
(Eligibility to Proceed)

 403.190

Appeals may be filed by the applicant; the Director of Community Development; the Planning Commission or any member thereof; the City Council or any member thereof; any owner of land directly affected by the action or proposed action; any person who received mailed notice of the public hearing; any person who participated in the public hearing on the proposed action; any other person that the body taking the final, non-appellate action or the appellate body determines to be actually or potentially aggrieved by the appealed action; and any person given the right of appeal by law.

The applicant may, within 10 business days, appeal an adverse determination by the Community Development Director as to the eligibility of the proposed plan to proceed to the City Council. The notice of appeal shall be filed in writing with the Director and shall include the Director's determination and a statement of the grounds for the appeal.

 Planned Residential Overlay District,
PR-O
(Final Plan Review)

404.220

Appeals may be filed by the applicant; the Director of Community Development; the Planning Commission or any member thereof; the City Council or any member thereof; any owner of land directly affected by the action or proposed action; any person who received mailed notice of the public hearing; any person who participated in the public hearing on the proposed action; any other person that the body taking the final, non-appellate action or the appellate body determines to be actually or potentially aggrieved by the appealed action; and any person given the right of appeal by law. Appeals to the City Council from the action of the Planning Commission on an application for final plan approval should be filed with the Director of Community Development within 7 days of the Planning Commission public hearing.

Mixed Use Development Overlay District, MX-O
(Site development
final plan)

 404.230

Appeals may be filed by the applicant; the Director of Community Development; the Planning Commission or any member thereof; the City Council or any member thereof; any owner of land directly affected by the action or proposed action; any person who received mailed notice of the public hearing; any person who participated in the public hearing on the proposed action; any other person that the body taking the final, non-appellate action or the appellate body determines to be actually or potentially aggrieved by the appealed action; and any person given the right of appeal by law.

Appeals to the City Council from the action of the Planning Commission on an application for site development final plan approval should be filed with the Director of Community Development within 7 days of the Planning Commission decision.

Off-Street Parking and Loading

 407.010

Anyone can appeal

Appeal is to the Board of Adjustment pursuant to 403.140

Non-Conforming
Uses

 409.020

The initial determination of whether a proposed use is a conforming use or is less intense shall be made by the Director of Community Development.

Appeal is to the Board of Adjustment pursuant to 403.140

Non-Conforming Structures

 409.030

The initial determination of whether a proposed use is a conforming use or is less intense shall be made by the Director of Community Development.

Appeal is to the Board of Adjustment pursuant to 403.140

International Building Codes Appeals

 500.080

Any person who is: denied an application or a permit, or who claims the provisions of a Code does not apply, or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, or proposes alternate materials or methods of construction not permitted by the strict interpretation of these Codes.

Appeal is to the Technical Review Committee which shall conduct the appeal of provided in the International Code.

Variances

 403.120

Any person aggrieved by a decision of the Board of Adjustment may appeal.

Appeal is to the Circuit Court. A petition, duly verified setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. A petition shall be presented to the Court within 30 days after the filing of the decision in the office of the Board of Adjustment.

Appeals of Administrative Decisions

403.140

Appeals of administrative decisions may be filed by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer.

Appeals of administrative decisions to the Board of Adjustment shall be filed in a form established by the City, with a non-refundable fee that has been established by the City to defray the cost of processing the application, within 10 days of the date of the decision being appealed.

Written Interpretations of the Director of Community Development

 403.130

Appeals of administrative decisions may be filed by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer.

Appeals to the Board of Adjustment must be filed with the Director of Community Development within 7 days of the date of the Director of Community Development's decision.


For More Information
For additional information about the appeal and petition processes please contact the Community Development Department at (816) 228-0207.

Information concerning initiatives, referendums or recall petitions can be found in the City Charter. Additionally, the information above does not include the Sign Code. For more information contact the City Clerk at (816) 228-0110.  


City of Blue Springs
903 West Main Street
Blue Springs, MO 64015

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