The members of the town council are hereby appointed and authorized to act as the board of adjustment in accordance with ordinance 211, Texas Local Government Code, regarding the zoning of cities and with the powers and duties as provided in said code. When acting as a board of adjustment, the mayor shall serve as the chairperson, without the power to vote, except in the case of a tie vote, on matters coming before the board. In the mayor's absence, the mayor protem shall act as chairperson with the power to vote on matters coming before the board. In the absence of both the mayor and mayor protem, the remaining members of the board shall appoint by simple majority vote any other member to act as chair for that meeting. There will be no alternate members of the board.

The town council may adopt rules for the board of adjustment and must keep minutes showing each member's vote, absence, or failure to vote. The board shall keep records of its examinations and actions. These minutes and records shall be filed in the board's office, be public records, and all meetings shall be open to the public.

Meetings of the board shall be held at the call of the chairperson (mayor) and at such other times as determined by the board. The chairperson or vice chairperson (mayor protem) may administer oaths and compel the attendance of witnesses.

Each case before the board must be heard by at least four (4) members. The presence of the chairperson (mayor) shall not count towards the quorum requirement.

To hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this zoning ordinance. In exercising the authority under this subsection, the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.

To hear and decide special exceptions to the terms of this zoning ordinance when this article requires the board to do so. In this regard, the board may grant only special exceptions that are authorized to be granted by the terms of this article.

To authorize in specific cases a variance from the terms of this article if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this article would result in unnecessary hardship, and so that the spirit of this article is observed and substantial justice is done.

To hear and decide other matters authorized by an ordinance of the town.

To subpoena witnesses, administer oaths, and may require the production of documents.

Overturn an administrative official's decision on zoning matters.

Decide in favor of an applicant on a matter on which the board is required to pass under the zoning ordinance.

Grant a variance or special exception.

Any of the following persons may appeal to the board of adjustment a decision made by an administrative official:

The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed within a reasonable time as may be determined by the rules of the board and if none, then within twenty (20) days after the decision sought to be appealed. Failure to perfect an appeal within this time shall be deemed to be a waiver of the right to appeal. On receiving the notice, the official from who the appeal is taken shall immediately transmit to the board all the papers constituting the records of the action that is appealed.

An appeal stays all proceedings in furtherance of the action that is appealed unless the administrative official from who the appeal is taken certifies in writing to the board facts supporting the administrative 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 appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within a reasonable time.

The town council may, from time to time, amend, supplement or change by ordinance, the boundaries of the districts or the regulations herein established as provided by the statutes of the state.

Before taking action on any proposed amendment, supplement or change, the town council shall submit the same to the planning and zoning commission for its recommendation and report.

The planning and zoning commission shall hold a public hearing on any application for any amendment or change prior to making its recommendation and report to the town council. Written notice of all public hearings before the planning and zoning commission on a proposed amendment or change shall be sent to all owners of real property lying within two hundred feet (200') of the property on which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved tax roll of the town or the county tax roll for the area affected.

A public hearing shall be held by the town council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication in the official publication of the town, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication.

If such proposed change or amendment has been denied by the planning and zoning commission, or if a protest against such proposed change or amendment has been filed with the town secretary, duly signed and acknowledged by the owners of 20 percent or more either of

Model home for real estate sales within a town-approved development provided the home be returned to residential use upon completion of the sale of homes in the development project. The model home shall be on a town-approved lot meeting the yard requirements of the approved development plan.

Concrete or asphalt batching plant limited to no more than six (6) months; however the limit on a permit may be extended for one (1) additional six (6) month period by the town as necessary to complete construction for the development project under which the permit was granted; location of the batch plant is subject to the approval of the town designated zoning administrator.

Temporary building, fields and construction offices, accessory to new commercial construction or road improvements, provided such are razed within thirty (30) days after substantial completion of such construction to which they are accessory, or failing completion of new construction, within sixty (60) days after start of such temporary construction, but not to exceed six (6) months after installation. This does not include provisions for the use of temporary buildings or recreational vehicles associated with the construction of a primary residence unless it is for reconstruction associated with a loss of the primary residence associated with a disaster.

Retail markets including farmers markets shall be permitted for no more than six (6) months.

Seasonal markets such as pumpkin patches and holiday tree sales shall be permitted for no more than three (3) months.

Temporary storage containers.

Temporary wireless and portable telecommunication facility.

Residential garage sales.

Other temporary uses, as defined within this ordinance or special event regulations and as permitted by the town.

A written description of the proposed use, the duration of the use, any buildings or structures, signs or attention attracting devices used in conjunction with the use.

A site plan showing the location, the closest intersection of cross streets, location of proposed buildings or structures,[.]

A permission letter from the property owner agreeing to the temporary use.

A letter pledging the guarantee of the applicant to restore the site after the temporary use is completed including the removal of all litter, debris, buildings and structures.

Additional information required by the zoning administrator needed to evaluate the need to protect the public health, safety and general welfare. Additional conditions may be established to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including but not limited to time and frequency of operations and requirements for screening or buffering.