City council shall provide for the creation, continuation, and appointments to the City of Kerrville Planning and Zoning Commission ("commission").

(Ord. No. 2019-17, § 2, 8-27-2019)

(a)

Members. The commission shall be composed of seven members. At least five members shall be residents and a qualified voter of the city; two members may reside in the city's extraterritorial jurisdiction (ETJ) and shall be a qualified voter of the county. Commission members are appointed by a majority vote of city council.

(b)

Term of appointment. Commission members serve two-year terms, such terms to begin and end on January 1. The terms of three of the members appointed expire in odd-numbered years. The terms of the remaining four members expire in even-numbered years. City council may appoint members to the commission for terms of lesser duration than two years when making the initial appointment or when otherwise necessary to comply with the provisions of this article, such as to fill a vacancy.

(c)

Term limits. No member may serve more than three consecutive full terms on the commission without having at least one full year off the commission between terms.

(d)

Attendance, vacancies, removal from commission. The Procedural Rules for Kerrville City Boards, as may be amended, applies as to the attendance of commissioners at meetings, the filling of vacancies on the commission, removal from the commission prior to the end of a term, and similar matters. A commission member has no vested right or property interest in his/her membership and city council may remove at any time any member from the commission by majority vote.

(Ord. No. 2019-17, § 2, 8-27-2019)

(a)

Meetings. The commission shall hold its meetings at a regularly scheduled time and place. If it is not practical for the commission to meet at its regular time or place, a meeting may be cancelled or rescheduled provided that notice is posted. The commission may adopt rules to govern its meetings; provided, however, such rules shall be consistent with this chapter, the city Charter, the Procedural Rules for Kerrville City Boards, and applicable state law. All meetings of the commission shall be open to the public.

(b)

Quorum. Four members shall constitute a quorum to transact business.

(c)

Officers and elections. The commission shall elect a chair and vice-chair from among the members at its first regular meeting of each new year for a term of one year. The commission may elect such other officers as it deems necessary from the membership. The board secretary shall be an employee appointed by the city.

(d)

Authority of chair and vice chair. It shall be the duty of the chair or in the absence of the chair, the vice chair, to preside at all meetings of the commission.

(e)

Open Meetings Act. The commission and its members shall comply with the Texas Open Meetings Act and the Procedural Rules for Kerrville City Boards. No member shall communicate or deliberate outside of a posted meeting about a matter coming before the commission or over which the commission has authority in an attempt to evade the Open Meetings Act. Such prohibited conduct shall also be applied to email or telephonic conversations.

(f)

Ex parte contacts. The requirements of procedural due process necessitate a fair hearing before an impartial body with the goal of ensuring that all sides, including the public, are provided an opportunity to present views in public meetings. Thus, all decisions made by the commission shall be based upon information contained in the official public record and consisting of back-up material and discussion during the meeting. No commission member shall intentionally or knowingly communicate with a person outside of a meeting, known as ex-parte communication, if reasonable grounds exist for believing that: (i) the person is a party to a matter being considered by the commission; and (ii) if such communication is designed to influence the member's consideration of, or action on, the matter. A "party" includes an applicant or anyone who has received mailed notice of the matter. If any such ex parte communication should occur, it shall be the responsibility of the member to:

(1)

Not engage in such communications involving unsolicited inquiries or other forms of communication, personally or through electronic means; and

(2)

Advise the person or sender that such information should be presented at a commission meeting.

(g)

Meeting records. The secretary shall keep a record of all proceedings of the commission, showing the vote of each member upon each question; or, if absent or failing to vote, indicate such fact; and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the city secretary and shall be a public record.

(Ord. No. 2019-17, § 2, 8-27-2019)

(a)

Comprehensive plan. The commission shall recommend to city council for adoption a comprehensive plan for the orderly growth and development of the city and its environs. The commission may review and, if necessary, recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the city.

(b)

Zoning ordinance. The commission shall:

(1)

Formulate a zoning ordinance as may be deemed best to carry out the goals of the comprehensive plan;

(2)

Hold public hearings; and

(3)

Make recommendations to city council relating to the creation, amendment, and implementation of zoning regulations and districts as provided by state law.

(c)

Review of subdivision plans and plats. The commission shall exercise all powers of a commission as to approval or disapproval of plans, plats, or replats as set out by state law and the city's subdivision regulations.

(d)

Zoning changes. The commission shall consider and make recommendations on applications for changes in zoning and may initiate for consideration at public hearings proposals for the original zoning of annexed areas or for the change of zoning district boundaries.

(e)

Variances. Upon application, the commission shall consider and take appropriate action on variances to the city's subdivision regulations and any other ordinances as prescribed by city council. Variances to the terms of the zoning code, excluding the list of permitted land uses, shall be reviewed by the board of adjustment as authorized by V.T.C.A., Local Government Code ch. 211, as amended.

(f)

Ordinance review. The commission may from time to time recommend such changes to the zoning code, subdivision regulations, development standards, and any other ordinance city council assigns to its review, that will facilitate the general health, safety, and welfare of the citizens of the city.

(Ord. No. 2019-17, § 2, 8-27-2019)