Commission accepts planning commission denial and sends proposed change to Board of Zoning Appeals membership back for redraft
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The Unified Government Commission on Aug. 28 accepted the planning commission's recommendation to deny an ordinance that proposed changing the makeup of the Board of Zoning Appeals (BZA) from appointed members to members drawn from the Board of Commissioners.
The planning commission had recommended denial by a 6–0 vote; the Unified Government Commission then voted 9–0 to accept that recommendation, effectively leaving the current appointed structure in place and directing staff to remand the proposal to the planning commission for redrafting if the change is to be pursued.
During discussion staff explained the core legal constraint: state law limits the BZA to no more than seven members when it is not composed of the planning commission. The proposed draft attempted to create staggered two‑year terms to allow commissioners to appoint members during their terms, but staff said those term lengths and the proposed schedule did not comply with state law, which requires longer term lengths for BZA membership. "In trying to make the change ... some of the terms would only be 2 years. However, this does not comply with state law," a staff member said, asking that the item be remanded to the planning commission with a schedule of appointments that complies with state law.
Commissioners asked whether the current arrangement is in compliance; staff confirmed that keeping the current appointed structure maintains compliance with state law. Commissioner Christian Ramirez moved to accept the planning commission recommendation of denial; the motion passed 9–0 on roll call.
The vote means the BZA remains composed of appointed members under the existing code; staff and legal said they will work to redraft any future proposal to comply with state law before another referral to the board.
No formal ordinance was adopted; the action preserved the current membership structure and sent the proposed change back for further drafting and legal review.
The planning commission had recommended denial by a 6–0 vote; the Unified Government Commission then voted 9–0 to accept that recommendation, effectively leaving the current appointed structure in place and directing staff to remand the proposal to the planning commission for redrafting if the change is to be pursued.
During discussion staff explained the core legal constraint: state law limits the BZA to no more than seven members when it is not composed of the planning commission. The proposed draft attempted to create staggered two‑year terms to allow commissioners to appoint members during their terms, but staff said those term lengths and the proposed schedule did not comply with state law, which requires longer term lengths for BZA membership. "In trying to make the change ... some of the terms would only be 2 years. However, this does not comply with state law," a staff member said, asking that the item be remanded to the planning commission with a schedule of appointments that complies with state law.
Commissioners asked whether the current arrangement is in compliance; staff confirmed that keeping the current appointed structure maintains compliance with state law. Commissioner Christian Ramirez moved to accept the planning commission recommendation of denial; the motion passed 9–0 on roll call.
The vote means the BZA remains composed of appointed members under the existing code; staff and legal said they will work to redraft any future proposal to comply with state law before another referral to the board.
No formal ordinance was adopted; the action preserved the current membership structure and sent the proposed change back for further drafting and legal review.
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