City council shall provide for the creation, continuation, and appointments to the City of Kerrville Zoning Board of Adjustment ("board").

(Ord. No. 2019-17, § 2, 8-27-2019)

(a)

Regular members. The board of adjustment shall be composed of five regular members, all of whom shall be residents and a qualified voter of the city. Board members shall be appointed by a majority vote of city council.

(b)

Alternate members. In addition to the five regular members, city council shall appoint two alternate members to the board of adjustment who shall be a qualified voter of the city. Alternate members will serve in place of an absent member when requested to do so by the board chair so that all cases before the board are considered by a minimum of four members. Alternate members shall attend all meetings of the board and participate in all discussions, but shall vote on an item only when called upon by the chair to do so in place of an absent regular member. All applicable parts of this article apply to an alternate member.

(c)

Term of appointment. Board members serve two-year terms, such terms to begin and end on October 1. The terms of two of regular members appointed expire in odd-numbered years. The terms of the remaining three members expire in even-numbered years. One alternate member shall serve a term ending in an odd-numbered year and one alternate member shall serve a term ending in an even-numbered year. City council may appoint members to the board 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.

(d)

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

(e)

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

(Ord. No. 2019-17, § 2, 8-27-2019)

(a)

Meetings. The board of adjustment shall hold its meetings when necessary based upon business to be brought before the board through an application or otherwise. The board 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 rules adopted or amended must be approved by city council. All board meetings shall be open to the public.

(b)

Quorum. 75 percent, or four members of the Board shall be present to hear each case, pursuant to V.T.C.A., Local Government Code § 211.008.

(c)

Officers. The board shall elect a chair and vice-chair from among its regular members at its first meeting of each new year held after October 1. Each officer shall serve a term of one year ending on September 30 after each election and may not serve more than two consecutive, one-year terms in such positions. 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 board.

(e)

Open Meetings Act. The board 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 board or over which the board 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 board shall be based upon information contained in the official public record and consisting of back-up material and discussion during the meeting. No board 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 board; 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)

In addition to such other powers as may be granted from time to time by ordinance, the board of adjustment shall have the following authority:

(1)

Appeal from administrative official. Pursuant to section 60-30, the board of adjustment shall hear and decide an appeal that alleges an error in any order, decision, or determination made by an administrative official of the city in the interpretation or enforcement of the zoning code or V.T.C.A., Local Government Code ch. 211, including without limitation appeals from the decision of the official regarding non-conforming matters pursuant to this zoning code; and

(2)

Variances. Pursuant to section 60-31, the board of adjustment may consider granting, upon written application, variances to the terms of the zoning code, excluding variances to the list of permitted land uses; provided these variances are not contrary to the public interest, and where the applicant can demonstrate that because of special land-related conditions unique to the property, a literal enforcement of the code would result in unnecessary hardship that is not self-imposed, and so that the spirit of the code will be observed and substantial justice done.

(Ord. No. 2019-17, § 2, 8-27-2019; Ord. No. 2022-02, § 2, 3-22-2022)