Hold hearings, conduct investigations, and make recommendations to the City Commission relative to changes and amendments to the Zoning Ordinances of the City of San Benito, Texas.

Hold hearings, to conduct investigations and make recommendations to the City Commission relative to the approval of proposed plats or subdivision of land within the city limits of the City of San Benito, Texas and relative to approval of subdivisions within five (5) mile ETJ of the City of San Benito, Texas[.]

Hold hearings and conduct investigations and make recommendations to the City Commission relative to future plans and developments of the City of San Benito, Texas. All hearings conducted by the Planning and Zoning Commission relative to proposed changes or amendments to the zoning ordinance of the City of San Benito, and proposed zoning of new additions to the City of San Benito, shall be open to the public and all owners of properties, or the persons rendering the property for city taxes, affected by such proposed zoning changes or amendments or new zoning, and owners of property, or the persons rendering such property for city taxes, located within two hundred (200) feet of any property affected by such proposed zoning changes or amendments or new zoning, shall be given written notice within not less than ten (10) days before any such hearing is held by depositing such notices properly addressed and postage paid, in the United States Mail, setting forth the time and place where such meeting shall be held. Upon the holding of such hearings by the Planning and Zoning Commission, all person entitled to notices as above stated, shall be given an opportunity to present evidence for or against the proposed new zoning and if necessary to permit all persons to be heard, [and] such hearings may be continued from day to day and from time to time as shall be necessary to give all persons desiring to do so, an opportunity to be heard.

A majority of the commission members shall constitute a quorum for the transaction of the business. The affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary to pass any motion, recommendation of the Planning and Zoning Commission. The chairman does not vote except in the event of a tie.

All recommendations to the City Commission relative to any matter within the powers and duties of the Planning and Zoning Commission as set forth in this section shall be submitted in writing, which written recommendation shall be included in the minutes of the meeting of the City Commission at which the recommendations are presented. Information on appeal process, refer to Section 3.05 of this ordinance.

After determination a rezoning change is required; an application for a hearing with the Planning and Zoning Commission is 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.

If a request is for noncontiguous tracts of land or requires two separate actions, it will require two separate applications and fees. In addition, if a tract of land requested to be rezoned is contiguous, but the request is for two or more different classifications of zoning, separate applications and fees will be due for each type of zoning requested.

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 200' of the proposed site and to the local newspaper for advertisement at least ten (10) days 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 Planning and Zoning Commission. Locations maps will be provided to the Board.

The applicant should attend the public hearing to answer any questions the Planning and Zoning Commission 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.

If the Planning and Zoning Commission passes a rezoning request, it will go on for two readings at the next City Commission meeting. The first reading is generally three weeks after approval by the Planning and Zoning Commission, and if the item is approved on the first reading, the second reading will be the next regular City Commission meeting. The entire process takes approximately 8 - 10 weeks from time of submittal to complete.

If the Planning and Zoning Commission denies a rezoning request, the decision may be appealed following procedures referenced in Section 3.05 of this ordinance.

After determination a conditional use permit is required, an application for a hearing with the Planning and Zoning Commission 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 feet (200') of the proposed site and to the local newspaper for advertisement at least ten (10) days prior to the public hearing. The agenda will be posted 72 hours in advance.