(a)

Unless specifically exempted below, all land improvements, site alterations, building expansions, special exception uses, planned unit developments, and changes of use resulting in increases in land use intensity or parking requirements, shall be subject to formal site plan review and approval.

(b)

The following development activities are exempt from formal site plan approval, but shall be subject to all other applicable reviews, permitting requirements and development standards:

(1)

Construction of single-family and duplex dwellings as infill development on existing platted lots, or metes and bounds parcels meeting the dimensional standards of the zoning district in which they are located, subject to applicable subdivision platting requirements as set forth in chapter 78 of this Code.

(2)

Expansions of existing single-family and duplex dwellings; installation of swimming pools, fences, driveways, and other customary accessory structures and improvements in conjunction with existing residential development, subject the standards set forth in chapter 66 of this Code.

(3)

Installation or modification of landscaping, subject to permitting requirements for tree removal and other applicable standards, as set forth in chapter 70 of this Code.

(4)

Interior modifications to existing residential and nonresidential structures, provided that there are no changes in land use category or increases in land use intensity, and subject to all applicable building codes.

(5)

Exterior modifications to existing residential and nonresidential structures and site improvements, such as repainting, changes in facades or signage, repaving, etc., provided that there are no changes in land use category or increases in land use intensity, and subject to applicable standards as set forth in chapters 66 and 70 of this Code.

(Ord. No. 499, § 55, 3-14-01)

(a)

Basic submissions. The following items shall be submitted with every site plan application. Items already on file with the town need not be resubmitted so long as the information contained remains accurate.

(1)

The town standard application form, completed and signed by the applicant.

(2)

The application fee, paid in full.

(3)

One copy of a recorded deed, current title insurance policy, or attorney's opinion of title, to document the title holder(s) of subject property. If the applicant is not the title holder, then the applicant must also submit a signed and notarized authorization by the title holder, naming the applicant as the title holder's agent for the purpose of obtaining site plan approval. The document(s) must bear a full and complete legal description of subject property.

(4)

One copy of a boundary survey of subject property, signed and sealed by a land surveyor registered in the state. The survey must include a full and complete legal description of subject property, which must be consistent with the legal description in the title documentation.

(b)

Plan drawings, other documentation. Prior to submission of the application package, town staff will meet with the applicant to determine the full scope of the development proposal and the necessary approval(s) to be obtained. Based upon this determination, one or more of the following component plans (15 copies) and other specialized documentation must be submitted as part of a master site plan package. Plans must be drawn at the same scale (no smaller than 1 inch = 40 feet) and certified by a civil engineer or architect, as appropriate, licensed to practice in the state.

(1)

Calculations and summary of net impacts upon facilities and services for which levels of service (LOS) standards have been adopted, in sufficient detail to verify compliance with the standards set forth in chapter 62 of this Code.

(2)

Horizontal control plan for structures and paved areas, including ingress/egress, internal circulation, and parking, in sufficient detail to verify compliance with the standards set forth in chapter 66 of this Code.

(3)

Landscaping plan, per the requirements in section 66-71 of this Code.

(4)

Tree removal/land clearing plan, per the requirements of section 70-34 of this Code.

(5)

Habitat management plan, per the requirements of Section 70-85 of this Code.

(6)

Drainage plan, per the requirements of section 70-124 of this Code.

(7)

Soil removal/restoration/reclamation/grading plan, per the requirements of section 70-125 of this Code.

(8)

Floodplain development plan, per the requirements of section 70-172 of this Code.

(9)

Subdivision plat drawings, as set forth in chapter 78 of this Code.

(10)

Other specialized plans or documentation, to be specified prior to formal application for approval.

(c)

Acceptance of application and plan(s). Upon the initial filing of application documents and plan drawings, town staff shall have a maximum of five working days to verify the adequacy and completeness of the site plan submissions. During that period, an application found to be complete shall be formally accepted for processing. The date of formal acceptance shall be considered the date of application. An inadequate or incomplete application shall be held in suspense and the applicant shall be provided with written notice specifying the additional information and/or materials to be submitted prior to formal acceptance and processing. The applicant shall be allowed a maximum of 30 calendar days in which to submit the specified materials, after which period all submissions received to date shall be returned to the applicant unless an extension is granted.

(d)

Routing of application materials. Site plan applications will be reviewed by the town engineer, zoning division, potable water provider, sanitary sewer provider, and the fire department. To the extent required by the town comprehensive land use plan, town staff should route copies of the site plan application package to the appropriate officials in St. Petersburg and/or Pinellas Park, inviting written comments as to the compatibility of the proposal and its consistency with those communities' comprehensive plans, in any of the following cases:

(1)

The proposed development or redevelopment is contiguous to one of the adjacent communities.

(2)

The proposed development or redevelopment will otherwise have a significant impact upon one or more of the adjacent communities, as determined by the building director or his/her designee.

(Ord. No. 499, § 56, 3-14-01)

(a)

The site plan application shall be reviewed by town staff, who shall issue a report with its findings and recommendations. The development proposal shall be reviewed, and findings shall be made, based upon the following criteria:

(1)

Consistency with the comprehensive plan of the town, particularly the capital improvements element.

(2)

Adequacy of public facilities and services, per the concurrency management system as set forth in chapter 62 of this Code.

(3)

Provision of adequate land and/or easements for existing and proposed public utilities.

(4)

Topography, drainage patterns, suitability of soil conditions on the site, and proposed measures to prevent erosion, control stormwater runoff, and protect natural drainage features.

(5)

Suitability of proposed recreation/open space areas to be set aside, if applicable.

(6)

Compliance with development design and improvement standards, as set forth in chapter 66 of this Code.

(7)

Compliance with natural resource and environmental protection standards, as set forth in chapter 70 of this Code.

(8)

In the case of a planned unit development, consistency with the purposes of PUDs as set forth in this Code, and conformance with an approved conceptual plan and any conditions attached to that approval.

(9)

Any specific measures deemed necessary to protect life and property from natural and manmade hazards, such as flooding, ground subsidence, excessive traffic, noxious odors, and noise, and to ensure compatibility with surrounding development.

(10)

Any reasonable recommendations by St. Petersburg, Pinellas Park, and/or county officials to promote consistency with their respective comprehensive plans, if applicable.

(11)

Any applicable objectives, regulations, or permitting requirements of the county, the Southwest Florida Water Management District (SWFWMD), the Tampa Bay Regional Planning Council (TBRPC), state and/or federal agencies with jurisdiction over the project.

(12)

Comments from surrounding property owners or other interested parties, submitted in writing or made verbally at public hearings, shall be duly considered as part of the formal site plan review.

(b)

Except as provided in section 82-4(b), town staff shall approve, approve with conditions, or deny the site plan application. If the staff approves the site plan, the applicant is authorized to proceed to the construction drawings review. If the staff approves the site plan application with conditions, said conditions shall be provided in writing to the applicant, who shall incorporate all specified conditions into revised site plan and construction drawings as required. If the staff denies the site plan application, it shall cite specific reasons for the denial, based upon the review a criteria set forth in this section. The reasons for denial shall be provided in writing to the applicant, who may within 30 calendar days submit a revised application package for administrative staff review and reconsideration. The revised site plan application package shall address the reasons for the previous denial, and incorporate all revisions as specified by town staff. A resubmission received more than 30 days after a denial by the staff shall be considered a new application and processed accordingly.

(c)

Administrative actions by town staff with regard to a site plan application may be appealed to the board of adjustment, in accordance with sections 82-72 and 82-73 of this Code. In its review of an appeal, the board shall consider and make findings on the criteria set forth in subsection (a) above.

(Ord. No. 499, § 57, 3-14-01)

(a)

The purpose of these planned unit development (PUD) regulations is to provide for an alternative method of land development in order to achieve one or more of the following objectives:

(1)

To accommodate creative development approaches which allow for the most efficient use of land.

(2)

To encourage and accommodate a mixture of compatible residential and nonresidential uses on a single parcel of land.

(3)

To preserve significant environmental or topographical features and otherwise provide for required open space on the site through the clustering of buildings, zero-lot-line development, etc.

(4)

To promote safe and efficient vehicular and pedestrian circulation on the site.

(5)

Generally, to accommodate a comprehensively planned and phased development or redevelopment project, characterized by interrelated uses, traffic/pedestrian circulation patterns, parking areas, and building orientations, as well as common architectural themes, signage, open spaces, scenic vistas, amenity areas, and similar features.

(Ord. No. 499, § 58, 3-14-01)

Editor's note— Ord. No. 499, §§ 58—61, adopted March 14, 2001, added new sections 82-41—82-44. In order to maintain the consecutive numbering of sections, the provisions of said ordinance have been inserted herein as sections 82-34—82-37 at the discretion of the editor.

(a)

A planned unit development shall contain a minimum of one acre of contiguous land area.

(b)

A planned unit development shall be subject to subdivision platting requirements, as set forth in chapter 78 of this Code. Approval of the master site plan for the PUD shall serve as preliminary plat approval.

(c)

Adequate provisions for ingress/egress, maintenance of buildings and common areas, stormwater management, and utilities shall be guaranteed through platted easements or other recordable documents.

(d)

A planned unit development shall be compatible in design with the development regulations for the zoning district and future land use category in which it is located. In its review and approval of the PUD, the town council shall have the power to authorize deviations from zoning district regulations, provided that the general purpose and intent of the district is not violated. Separate variance application(s) and review(s) shall not be required.

(e)

A planned unit development shall be designed to harmonize with existing and future development surrounding the project site, to the extent that such surrounding development is consistent with the town adopted future land use plan map and conforms to the standards of this Code.

(f)

In all other respects, a planned unit development shall be consistent with the goals, objectives, and policies of the town adopted comprehensive plan.

(g)

Through the use of creative design approaches, a planned unit development shall be consistent with the purpose and objectives set forth in section 82-41 above.

(Ord. No. 499, § 59, 3-14-01)

Editor's note— See editor's note following section 82-34.

(a)

The following standards are intended to guide the design of the planned unit development, allowing for various alternative means to achieve the specified effects and characteristics. To the greatest practical extent, applicable zoning district standards should be met, but deviations may be approved by the town council if it finds that such deviations are necessary and appropriate in the context of the overall design.

(b)

Buildings:

(1)

All buildings shall be visually and physically integrated with each other with regard to design, mass, materials, placement, connections, and the overall function of the development, with convenient access to and from adjacent uses.

(2)

Treatment of the sides and rears of all buildings shall be compatible, in terms of architectural design features and appearance, with the fronts of the same buildings.

(3)

In order to maximize the amount of open space available for common areas, recreation, preservation of environmentally sensitive areas or scenic views, buildings shall be clustered whenever possible.

(4)

All buildings shall be arranged so as to be fully accessible to fire and emergency vehicles.

(5)

Buildings shall be oriented and landscaped so as to preserve visual and audible privacy between adjacent buildings.

(c)

Parking, loading, and circulation:

(1)

Roads, pedestrian walks, and open spaces shall be integral elements in the overall site design, and shall be appropriately landscaped.

(2)

Parking and loading areas shall be dispersed as evenly as possible among the buildings so as to avoid undue concentrations of them as viewed from any building.

(3)

To the maximum extent feasible, private vehicles and service vehicles shall be separated through the provision of separate service lanes.

(4)

Vehicular parking areas and drives shall be located and designed so as to be separated from pedestrian walks, malls, and public transportation loading places, and to minimize pedestrian use of vehicular circulation areas and exposure to traffic. Handicap and bicycle parking spaces shall be located as close to building entrances as possible.

(5)

Pedestrian walks shall be comfortably graded and surfaced (paving, bricks, etc.) and shall run along the lines of most intense use, particularly between buildings and from buildings to parking areas and streets.

(6)

The location and design of pedestrian walks should emphasize desirable views of surrounding development, scenic vistas, and/or landscaped areas.

(d)

Landscaping and outdoor amenities:

(1)

Landscape treatments for walkways, common areas, driveways, parking, and service areas shall be integral elements in a coordinated landscape design for the entire project area.

(2)

Primary landscape treatment shall consist of trees, shrubs, and ground cover and shall be attractively coordinated with appropriate walkway and street surfaces. Landscape species shall be native and/or drought-tolerant, so as to require minimal irrigation and maintenance.

(3)

Trees shall be planted at appropriate intervals along all streets bordering the project area.

(4)

Whenever possible and appropriate, existing trees shall be preserved and incorporated into the overall landscaping plan.

(5)

To facilitate the use and enjoyment of open space and common areas, benches and tables shall be provided in appropriate locations.

(6)

Materials and design of paving, signage, lighting fixtures, retaining walls, fences, curbs, outdoor furniture, and other amenities shall be of good appearance, easily maintained, and appropriate for their functions.

(Ord. No. 499, § 60, 3-14-01)

Editor's note— See editor's note following section 8-34.

(a)

An application package for conceptual plan approval of the proposed PUD shall be filed with the building director and reviewed by town staff for completeness in accordance with the procedures set forth for site plan submissions and review. The application package shall include the basic submissions required for site plan review, together with concurrency impact calculations and plan drawings (15 sets) showing the general layout of the entire project (proposed lot and/or phase lines, land uses, traffic/pedestrian circulation patterns, parking areas, building orientations, landscaping, signage, open spaces, scenic vistas, amenity areas, and similar features in all proposed phases) and indicating a tentative construction schedule. Exterior views of all proposed structures, to illustrate common architectural themes and elements, shall also be submitted. At this conceptual stage, plans need not include the detailed engineering or architectural data which would be required for final site plans and construction drawings.

(b)

When the application package has been found complete and formally accepted for processing, it shall be routed for staff review and comments in accordance with preliminary plat and site plan review procedures. The staff report shall also note any proposed deviations from the applicable zoning district regulations. The application shall be scheduled for timely public hearing by the planning and zoning board, consistent with applicable public notice requirements. In accordance with the purposes of PUDs and site plan review criteria as set forth in this Code, the board shall issue its formal findings and recommendations in writing to the applicant and town council, and shall recommend one of the following:

(1)

Conceptual approval as submitted.

(2)

Conceptual approval, subject to specified conditions and/or plan revisions. The applicant shall have the option of submitting a revised conceptual plan, within 30 calendar days, for reconsideration by the board prior to transmittal of its formal recommendations to the town council. Payment of a resubmittal fee, as applied to site plans, shall be required.

(3)

Disapproval. The applicant shall have the option of submitting a revised conceptual plan, within 30 calendar days, for reconsideration by the board prior to transmittal of its formal recommendations to the town council. Payment of a resubmittal fee, as applied to site plans, shall be required.

(c)

Following formal action by the planning and zoning board, the application shall be scheduled for timely public hearing before the town council, consistent with applicable public notice requirements. Upon receipt of the planning and zoning board findings and recommendations, and in accordance with the purposes of PUDs and site plan review criteria as set forth in this Code, the council shall approve, approve with conditions, or deny the conceptual plan application, including any specific deviations from applicable zoning district regulations.

(1)

If the council approves the plan, the applicant is authorized to submit a detailed master site plan application for the proposed PUD, consistent with the approved conceptual plan.

(2)

If the town council approves the conceptual plan application with conditions, said conditions shall be provided in writing to the applicant, who shall incorporate all specified conditions into the master site plan submittal as required.

(3)

If the town council denies the conceptual plan application, it shall cite specific reasons for the denial, based upon the purposes of PUDs and site plan review criteria as set forth in this Code. The reasons for denial shall be provided in writing to the applicant, who may, within 30 calendar days of this notification, submit a revised application package for administrative staff review and reconsideration by the town council. Payment of a resubmittal fee, as applied to site plans, shall be required. The revised conceptual plan application package shall address the reasons for the previous denial, and incorporate all revisions as specified by the council. A resubmission received more than 30 days after a denial by the council shall be considered a new application and processed accordingly.

(d)

Within 60 calendar days following town council approval of the conceptual plan, the applicant shall submit a master site plan application package, which shall conform to the approved conceptual plan and any conditions attached to its approval. Following detailed review by town staff, the master site plan shall be scheduled for final approval by the town council.

(e)

If the town council approves the master site plan for the PUD, the applicant is authorized to submit final subdivision plat and construction drawings for staff review.

(f)

The final plat shall be subject to formal approval by the town council in accordance with the provisions of chapter 78 of this Code. Recording of the approved plat shall be required prior to issuance of construction permits.

(g)

Subsequently proposed minor changes to the approved plan are subject to follow-up review and approval by the town council. Substantial changes in proposed use(s), overall layout, function, design, or development impacts shall require formal amendments to the conceptual plan, master site plan, and final plat, to be reviewed by the planning and zoning board and town council according to the procedures set forth above.

(Ord. No. 499, § 61, 3-14-01)

Editor's note— See editor's note following section 82-34.

The council shall appoint five new members to the board, two for terms of three years and three for terms of two years. At the same time, the council shall appoint two alternates to serve for two-year terms, one alternate being designated as first alternate and the other as second alternate and so on in like fashion every two years thereafter. Appointees shall be those persons whose private interests are not likely to conflict with those of the general public.

(Ord. No. 305, § 2, 9-8-82; Ord. No. 403, § 1, 7-11-90)

The members of the planning and zoning board shall appoint their own chairman, vice chairman and secretary and provide for their own rules of procedure, dates and times of their meetings and any related procedures which they may choose to adopt in order to effectively and efficiently carry out their duties; providing, however, that the members of the planning and zoning board shall meet no less than bimonthly and keep a record of their resolutions, findings and determinations which shall be available to the public. The town building director, at the invitation of the board, shall attend meetings as directed. He shall be present in an advisory capacity only and shall not have a vote in the deliberations of the board. All members shall serve without compensation unless otherwise provided by the town council. However, they may be reimbursed for out-of-pocket expenses incurred in discharging their responsibilities and the duties of their office.

(Ord. No. 305, § 3, 9-8-82; Ord. No. 403, § 1, 7-11-90)

In the event of a vacancy on the board, the vacancy shall be filled by the first alternate subject to the approval of the town council. If for any reason the first alternate does not serve, then the second alternate shall fill the vacancy. The first and second alternates shall be subject to the approval of the council, and if neither is able to serve, the council shall appoint some third party to serve.

(Ord. No. 305, § 4, 9-8-82; Ord. No. 403, § 1, 7-11-90)

All decisions and disposition on any matter that comes before the planning and zoning board shall be subject to the approval of the town council. Recommendations of the board rejected by council shall be accompanied by a reason for such rejection. The planning and zoning board particularly is empowered to consider and make recommendations pertaining to the following:

(1)

In its capacity as the local planning agency, to propose, review, and/or make recommendations regarding amendments to the town future land use plan map, subject to the following criteria:

a.

Whether the proposed future land use plan designation is consistent with and furthers the adopted goals, objectives, and policies of the comprehensive plan, including but not limited to the following:

1.

If a mixed-use Residential/Office General (R/OG) designation is requested, whether the proposed or likely development of subject property would be mixed-use rather than single-use, and would help to achieve the adopted citywide percentage goal of 30 percent residential within that land use category.

2.

In general, whether the proposal would promote redevelopment and/or revitalization of existing land uses.

3.

In general, whether the proposal would be consistent with any specific goals, objectives, or policies relating to the land use plan designation being requested.

b.

Whether the proposed land use plan designation would allow development of sufficient density and/or intensity as to cause unacceptable degradation of levels-of-service, as adopted in the comprehensive plan, for public facilities and services. In particular, no increase in allowable density or intensity should be approved along roadways with existing or projected level-of-service deficiencies.

c.

Whether the proposed land use plan designation would allow development of sufficient density and/or intensity as to cause an unacceptable additional burden upon the city's provisions for emergency shelter and/or evacuation.

d.

Whether the uses allowable in the proposed future land use category are appropriate for subject property and compatible with existing and planned uses in the immediate vicinity.

e.

Whether the proposed future land use plan designation would adversely affect environmentally sensitive areas or recognized habitats for protected species.

f.

Whether the current future land use map designation or boundary was logically assigned or drawn in relation to existing conditions on subject property.

g.

Any other facts or considerations deemed by the local planning agency to be relevant to the case.

(2)

Make recommendations pertaining to platting and subdividing real property and parcels of land within the town.

(3)

Adopt a zoning plan and recommend or disapprove any proposed changes in the plan.

(4)

Promote public interest in and understanding of the master plan of planning and zoning.

(5)

Prepare with the assistance of the town council any planning or zoning involving capital projects for the next succeeding five years beginning October 1, 1989, and each succeeding year thereafter.

(6)

Make recommendations for the replatting, reconstruction or redevelopment of any area or district which may be destroyed in whole or in part or seriously damaged for any reason, particularly as a result of fire, hurricane, flood or other disaster. The recommendations from the planning and zoning board shall be subject to the approval of the council. The council is empowered to modify or change these recommendations or refer the same back to the planning and zoning board for reconsideration; and, in turn again, these matters are referred to the town council for its final approval.

(7)

No real property or parcels of land shall be contracted for housing or for any housing project, and no housing shall be constructed unless all matters pertaining to the same are first approved by the planning and zoning board and submitted to the town council for its approval; provided, however, that in the event that such project is disapproved by the board, the town council by majority vote of its members shall have the power to overrule such disapproval or make such other changes and recommendations that it may desire.

(Ord. No. 305, § 5, 9-8-82; Ord. No. 403, §§ 1, 4, 5, 7-11-90; Ord. No. 499, § 62, 3-14-01)

(a)

A board of adjustment is hereby established. The word "board" as used in this article shall be construed to mean the board of adjustment. The board shall consist of five members, and two alternate members all of whom shall be property owners residing in the town appointed by the town council upon the nomination by the councilmember in charge of the department of regulations. The term of office of the board members shall be for three years, with vacancies being filled for the unexpired term only. Members may be removed for cause by the town council upon written charges by a member of the town council or board of adjustment and after a public hearing.

(b)

The town council shall adopt rules of procedure for the board by resolution in accordance with the provisions of this article and amendments thereto. The board shall elect its own chairman and vice chairman annually. All meetings of the board shall be open to the public and conducted as quasi-judicial proceedings. It shall have the power to administer oaths and compel the attendance of witnesses. The board shall keep written and electronically recorded minutes of the proceedings showing the vote of each member upon each question. Each member in attendance at a meeting of the board shall be required to vote on each issue and appeal coming before the board unless he shall have a conflict as defined by state law. The board shall keep a record of all its official actions regarding any appeal before the board which shall be filed with the town clerk and town council and shall be a public record.

(Ord. No. 5, 11-20-57; Ord. No. 403, § 1, 7-11-90; Ord. No. 467, § 1, 5-14-97)

The board of adjustment shall have the following powers and duties as applied to non-residential and non-publicly owned property, in the event the property is residential or publicly owned, the powers and duties shall be applied to a special magistrate as provided for in section 2-392 of the Code of Ordinances:

(1)

To hear and decide appeals where it is alleged that there is an error or unnecessary hardship or practical difficulty in carrying out any order, decision, requirement or determination made by the town manager or designee in the enforcement of this chapter to non-residential property, excluding publicly-owned property. Any application for variances from the terms of this chapter shall be made by the owner of record of the property involved or his/her duly authorized representative.

(2)

To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the zoning district wherein subject property is located, consistent with applicable goals, objective, and policies of the town comprehensive plan.

(3)

To authorize, upon appeal in specific cases, variances from the requirements of this chapter as will not be contrary to the public interest as follows:

a.

To permit the reduction of the width of a side yard by not more than 20 percent of the required minimum width of such yard;

b.

To permit the reduction in the area of a lot by not more than five percent of the required minimum area of such lot;

c.

To permit the increase in total building coverage of a lot by not more than ten percent of the maximum permitted building coverage.

(4)

No variance shall be granted unless it is determined by the board or special magistrate that a practical difficulty or unnecessary hardship exists in the way of carrying out the strict letter of this chapter and that the spirit of this chapter shall be observed, substantial justice done, and that such variance will not be contrary to the public interest.

(5)

To review and act upon applications for special exception permits, subject to the following criteria:

a.

Any outstanding charges, fees, interest, fines, or penalties owed to the town by the applicant or owner of subject property, under any section of this Code, must be paid in full prior to consideration by the board or special magistrate of any proposed special exception use.

b.

The proposed use must be specifically allowable by special exception in the applicable zoning district and future land use category.

c.

The proposed use must meet all applicable concurrency requirements, per chapter 62 of this Code, with regard to all public services and facilities for which level-of-service standards have been adopted in the town comprehensive plan.

d.

The proposed use must conform with all applicable regulations governing the zoning district in which it is to be located, unless a variance is granted.

e.

The proposed use must be compatible with adjacent development and the planned character of the surrounding area, and shall not interfere with the legitimate use of nearby properties.

f.

The proposed use must be separated and screened from adjacent uses by adequate structural setbacks and landscaped buffers, as required in the land development regulations.

g.

Adequate off-street parking and loading shall be provided, and ingress and egress shall be so designed as to minimize interference with traffic on abutting streets. The proposed use shall not generate excessive vehicular traffic on residential streets.

h.

If a variance is desired and/or required in conjunction with the proposed special exception use, then a separate application shall be submitted concurrently with the special exception application.

(Ord. No. 5, 11-20-57; Ord. No. 52, § 11, 9-5-62; Ord. No. 403, § 1, 7-11-90; Ord. No. 499, § 63, 3-14-01; Ord. No. 659-2022, § 3, 12-14-22)

In exercising the above-mentioned powers, such board or special magistrate may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, decision, requirement or determination appealed from and may make such order, decision, requirement or determination as ought to be made and to that end shall have all the powers of the town manager or designee from whom the appeal is taken. The concurring vote of three-fourths of the members of the board shall be necessary to reverse any order, decision, requirement or determination of the town manager or designee or to decide in favor of the applicant upon any matter upon which it is required to pass under this article or to effect any variation from the specific terms of this article.

(Ord. No. 5, 11-20-57; Ord. No. 403, § 1, 7-11-90; Ord. No. 659-2022, § 3, 12-14-22)