§ 401.050. Transitional Provisions., Chapter 401. General Provisions, Unified Development Code, Code of Ordinances, Blue Springs

A.

Violations Continue. Any violation of the previous zoning, subdivision or sign 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.

[Ord. No. 4570 § 1, 10-5-2015]

B.

Non-Conformities Under Previous Ordinance Or Resolution. Any non-conformity under the previous zoning or sign 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, structure or sign 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, development or sign for which a complete application was submitted to the City before October 5, 2015, shall be reviewed for compliance with the zoning, subdivision and sign 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, development or sign 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, development or sign is not completed in a timely manner, within the time allowed under the permit or any extension granted, then the building, development or sign 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, development or sign 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, development or sign 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, development or sign 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.