The City of San Benito Board of Adjustments and Appeals consists of five (5) regular board members and one (1) alternate board member which are appointed by the City Commissioners and Mayor. Three board members are appointed to serve a two (2) year term, and the remaining two (2) board members and the alternate member are appointed for a one (1) year term. In the event a board member vacates office during his or her term, the City Commissioner or Mayor who appointed the vacating board member shall appoint a replacement who shall serve the remaining term of the vacating board member. Each board member shall be both a resident and taxpayer of the City of San Benito. The board shall annually elect from its regular membership a chairman who shall preside at the meetings and vote as a regular member. The Board shall annually elect a vice-chairman who shall preside in the absence of the Chairman. A quorum consists of a minimum of four (4) regular or alternate members.

A regular Board member shall forfeit his or her office if such appointee fails to attend three (3) consecutive regular or scheduled meetings. Members are removable for cause by majority of the City Commission upon written charges and after public hearing.

The Board of Adjustments shall adopt rules to govern its proceedings provided, however that such rules are not inconsistent with this ordinance or statutes of the State of Texas. Meetings of the board are held at the call of the presiding officer and at other times a [as] determined by the board.

The presiding officer or acting presiding officer may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The board shall keep record of its examinations and other official actions and the minutes and records shall be filed immediately in the board's office and are public records.

The Board of Adjustments shall hear and decide an appeal from any person aggrieved or by an officer, department or board of the municipality affected by a decision or determination made by an administrative officer in the enforcement of this ordinance. Such appeal shall be taken by filing with the officer from whom the appeal is taken and with the Board of Adjustments, a notice of appeal specifying the grounds for the appeal. The appeal must be filed within a reasonable time as determined by the rules of the Board. On receiving the notice, the official from whom the appeal is taken shall transmit to the Board of Adjustments all the papers constituting the record upon which the action appealed from was taken.

The appeal stays all proceedings in furtherance of the action that is appealed unless the officer from whom the appeal is taken certifies in writing to the Board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record on application, after notice to the official, if due cause is shown.

The Board shall set a reasonable time for the public appeal hearing, giving public notice thereof by advertisement in a local newspaper not less than ten (10) days prior to the date of said hearing, as well as notice to the parties in interest and all owners of property within two hundred (200) feet of said property and decide the same within a reasonable time. All interested parties may appear in person or by an attorney or agent.

Permit the reconstruction, extension, or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a nonconforming [conforming] use.

Permit such modifications to the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriately developed without such modifications.

The concurring vote of four (4) regular or alternate board members shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to effect any variance in said ordinance.

Any person or persons aggrieved by any decision of the Board of Adjustments or any taxpayer or any officer, department or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board.

After determination a variance is required an application for a hearing with the Zoning Board of Adjustments will be completed by the applicant. A nonrefundable charge will apply. In the event an item is tabled at the request of the applicant, there will be a renotification fee. Tax receipts will be required.

A notice of public hearing stating the date, time, and location of the public meeting to be held. The public hearing notice will be sent to all property owners within two hundred (200') feet of the proposed site and to the local newspaper for advertisement at least ten (10) day prior the public hearing. The agenda will be posted 72 hours in advance.

The City staff will visit the site to study adjacent land uses, and traffic characteristics to determine a recommendation for the Board. Locations maps will be provided to the Board.

The applicant should attend the public hearing to answer any questions the Board might have. The applicant can bring any documentation that may support his or her request and may speak during the public hearing portion of the meeting. The Chairman will declare the public hearing closed once everyone has spoken and action will be taken on the item.