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HomeMy WebLinkAboutSubmittal-Barbara Bisno September 4, 2009A u5v A — c Barbara Bisno From: "Barbara Bisno" <bbisno@comcast.net> To: "Bisno, Barbara" <bbisno@comcast.net> Cc: "Padilla, Heriberto" <HPad illa@miamigov.com>; "Gelabert-Sanchez, Ana" <agelabertsanchez@ci.miami.fl.us>; "Alexander, Koteles" <KAlexander@miamigov.com>; "Nelson, Ron" <rnelson@miamigov.com>; "Wright, Steve" <SWhght@miamigov.com>; "Ehrlich, Peter' <Petersobe@aol.com>; "Castaneda, Frank" <FCastaneda@ci.miami.fl.us> Sent: Wednesday, August 05, 2009 4:22 PM Attach: pab res waiver 19 multifamily residential.doc; amendment to exhaustion of remedies provision.doc; Amendment to zoning interpretation provision in miami 21 7.doc; Amendments as to the distribution of decisions and recommendations.doc; Amendments as to waivers 7.doc; amendment to variance to include old 1305 new art 4, Table 12.doc; Resolu PAB 08043 52403. pdf Subject: Amendments to Miami 21; First reading, August 6, 2009 Dear Commissioners, staff, the Mayor, City Manager Hernandez, and Director Gelabert: The staff of a Commissioner asked that I present my suggested amendments as draft language within the current draft of Miami 21. 1 hope the administration will join me in these efforts at hopefully improving Miami 21 and that Commissioners will propose motions to adopt them. I will try to take as little time as possible tomorrow at the hearing. I am therefore attaching six documents which include language achieving the amendments that I suggest.. 1) Non -conforming multifamily residential property. I have attached the resolution approved by the PAB on December 17, 2008 which provides the needed language to 7.2.2. This amendment requires an amendment to the relevant waiver (19) which is provided as a second attachment titled pab res waiver 19. This is a question of treating all residential owners fairly and equally. 2) Amendment to exhaustion of administrative remedies provision in several provisions, 7.1.2.3, 7.1.2.4, 7.1.2.6, 7.1.2.7 This amendment protects the rights of the resident who cannot attend the PZAB hearing, did not get notice as he did not live close enough to the subject property but is affected by proposed action, who learns from watching the hearing on television of conditions added by PZAB that he wishes to oppose, or simply does not understand the effects of the action until after the PZAB hearing as well as protects the city from the situation where no opposition appears at PZAB hearing and decision is then appealed to the City Commission. 3) Notice of application for a zoning interpretation A zoning interpretation may have as much effect on a neighborhood as a change in zoning requirements on a property. However, this procedure was not included in the notice process of Miami 21. 4) Distribution of all decisions and recommendations of zoning administrator, planning director and PZAB to neighborhood. Placing a decision on the web and sending to the NET office without the distribution to the neighborhood effectively limits knowledge needed to make appeal rights meaningful. 5) Retention of Section 1305 in zoning ordinance 11,000 as Article 4, Table 12, Design Review Criteria in Miami 21 variance provision. For some inexplicable reason, the variance provision mirrors 11,000 well except this crucial provision is omitted in Miami 21. -- - - - - Submitted into the public Q(p— 020g5 record in connection with nOg ®/ /SC—t—Jnubrn�cL� - �c,rbQrc�, item SPA, SP.2 & SP.3 on 09-04-09 1�em be-r-PriscillaA. Thompson �. I a city clerk 9/1/2009 ZOOq - - 6) Reduction of waivers to five, dealing with residential owners only, and the general 10% waiver with right to appeal to City Commission as to 10% waiver. Miami 21 provides for 25 waivers to avoid having to request a variance. Some are so negligible that they could easily be given as right under stated circumstances in the code and others are so obviously developer friendly and unconcerned about affect on neighborhood, e.g., parking requirements (which may be secured by variance), that they should not be available except through the variance procedure. Therefore, 1 have proposed the attachment. I left in the waiver which a residential owner may seek. 7) There is no attachment but I will ask through the Chair if there are any notice requirements for signs and mural outdoor advertising in Miami 21. Thank you for your attention to this matter. Barbara K. Bisno 1000 Venetian Way #603 Miami, Florida 33139 Tel: 305 374 2566 Cell: 786 390 4134 Fax: 305 374 2564 Email: bbisno@comcast.net Submitted into the public record in connection with item SPA, SP -2 & SP.3 on 09-04-09 Priscilla A. Thompson 9/1/2009 City Clerk Planning Advisory Board Resolution No. PAB-08-043 Wednesday, December 17, 2008 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption Resolution: A RESOLUTION BY THE PLANNING ADVISORY BOARD RECOMMENDING TO THE CITY COMMISSION THAT SECTION 7.2.2 READ AS FOLLOWS: 7.2.2 STRUCTURES AND USES IN THE EVENT OF DISASTER a. RESIDENTIAL STRUCTURES IN THE EVENT OF A NATURAL DISASTER, EXPLOSION, FIRE, ACT OF GOD, OR THE PUBLIC ENEMY, THE ZONING ADMINISTRATOR SHALL APPROVE A PERMIT FOR THE RECONSTRUCTION OF ANY NONCONFORMING SINGLE RESIDENCE, DUPLEX -OR MULTIFAMILY RESIDENTIAL STRUCTURE TO THE SAME OR DECREASED NONCONFORMITY AS EXISTED IMMEDIATELY PRIOR TO THE DISASTER, UPON PROOF SATISFACTORY TO THE ZONING ADMINISTRATOR OF THE CONFIGURATION OF THE PRIOR SINGLE RESIDENCE, DUPLEX OR MULTIFAMILY RESIDENTIAL STRUCTURE AND ONLY IN COMPLIANCE WITH THE FLORIDA BUILDING CODE. AN APPLICATION FOR RECONSTRUCTION OF THE SINGLE RESIDENCE, DUPLEX OR MULTIFAMILY RESIDENTIAL STRUCTURE SHALL BE FILED WITHIN 12 MONTHS OF THE EVENT OF ITS DESTRUCTION, UNLESS THE CITY COMMISSION AUTHORIZES THE ZONING ADMINISTRATOR TO EXTEND THE 12 MONTH TIME PERIOD CITY WIDE. Upon being seconded by Dr. Ernest Martin, the motion was passed and adopted by the following vote: Ms. Tamara Gort Yes Ms. Maria Beatriz Gutierrez Yes Ms. Maria Sardlna Mann Yes Dr. Ernest Martin Yes Ms. Donna Elizabeth Milo Yes Rev. Guillermo RevueRa Yes Ms. Janice Tarbert Yes Ms. Nina West Yes Ms. Arva Parks Yes — — — ---_ --- — -- - Submitted into the public AYE: 9 record in connection with NAY: 0 item SP.1. SP.2 & SP.3 on 09-04-09 ABSTENTIONS: 0 Priscilla A. Thompson NO VOTES: 0 City Clerk ABSENT: 0 -- Motion carries 9-0. Ana 1ZeWbert-Sanchdz, Director Planning Department PAB RES Waiver #19 7.1.2.5 Administrative Waiver 19. Restoration of Structures multifamily residential) that destruction of less than fifty (Article 7, Section 7.2.2.b) (other than Single -Family, duplex or are nonconforming in the event of percent (50%) of assessed valuation. Submitted into the public record in connection with item SPA, SP.2 & SP.3 on Priscilla A. Thompson City Clerk 09-04-09 Amendments to Miami 21 as to the requirement of the exhaustion of administrative remedies in provisions 7.1.2.3 (Zoning Interpretation), 7.1.2.4 (Warrant), 7.1.2.6 (Exception) and 7.1.2 7 (Variance) 7.1.2.3 Zoning Interpretation b. Appeal to Planning, Zoning and Appeals Board. An appeal of a zoning interpretation, if sought, shall be de novo and presented to the Planning, Zoning and Appeals Board within fifteen (15) calendar days of the publication of the interpretation on the City's official website. The appeal shall be filed with the Hearing Boards Office. The Planning, Zoning and Appeals Board shall determine whether the administrative interpretation is upheld or rescinded. The ruling of the Planning, Zoning and Appeals Board may be further appealed to the City Commission, and must be filed with the Office of Hearing Boards within fifteen (15) calendar days of the Board's issuance of its ruling. Before appeal of any action to the City Commission, the appellant or his/her neighborhood representative (who shall represent the neighborhood inea neral and not be required to indicate a particular resident he or she represents at the PZAB hearing) is required to have exhausted administrative remedies by appearing on the record at the hearing before the Planning, Zoning and Appeals Board. In addition to requirements of the Hearing Boards Office, the filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who appeared of record at the Planning, Zoning and Appeals Board hearing on the decision being appealed and who is aggrieved by the action of the Planning, Zoning and Appeals Board. 7.1.2.4 Warrant e. Appeal to the Planning, Zoning and Appeals Board. Appeal of the determination of the Planning Director shall be de novo and taken to the Planning, Zoning and Appeals Board, within fifteen (15) calendar days of the posting of decision by the Planning Director on the City's website. The appeal shall be filed with the Hearing Boards Office. The Board shall determine whether the Warrant is upheld or rescinded. The ruling of the Planning, Zoning and Appeals Board may be further appealed to the City Commission, and must be filed with the Office of Hearing Boards Within fifteen (15) calendar days of the Board's issuance of its ruling. . Before appeal of any action to the City Commission, the appellant or his/her neighborhood representative who shall represent the neighborhood in general and not be required to indicate a particular resident he or she represents at the PZAB hearing) is required to have exhausted administrative remedies by appearing on the record at the hearing before the Planning, Zoning and Appeals Board. In addition to Submitted into the public record in connection with item SPA, SP.2 & SP.3 on 09-04-09 Priscilla A. Thompson City Clerk i requirements of the Hearing Boards Office, the filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who appeared of record at the Planning, Zoning and Appeals Board hearing on the decision being appealed and who is aggrieved by the action of the Planning, Zoning and Appeals Board. 7.1.2.6 Exception d. Appeal to the City Commission. Appeal of the decision of the Planning, Zoning and Appeals Board shall be de novo applying the Exception criteria in this Code and taken to the City Commission, pursuant to section 7.1.5 of this Miami 21 Code. The appeal shall be filed with the Hearing Boards Office. Notification of the appeal shall be provided by the City in the same manner as provided for the original application in section 7.1.2.6.c. of this Code. Before appeal of any action to the City Commission, the appellant or his/her neighborhood representative who shall represent the neighborhood in general and not be required to indicate a particular resident he or she represents at the PZAB hearing is required to have exhausted administrative remedies by appearing on the record at the hearing before the Planning, Zoning and Appeals Board. In addition to requirements of the Hearing Boards Office, the filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who appeared of record at the Planning, Zoning and Appeals Board hearing on the decision being appealed and who is aggrieved by the action of the Planning, Zoning and Appeals Board. 7.1.2.7 Variance f. Appeal to the City Commission. Appeal of the decision of the Planning, Zoning and Appeals Board shall be made to the City Commission, as a de novo hearing, and as set forth in section 7.1.5 of this Miami 21 Code. The appeal shall be filed with the Hearing Boards Office. Notification of the appeal shall be provided by the City in the same manner as provided for the original application in section 7.1.2.7.e. of this Code. Before appeal of any action to the City Commission, the appellant or his/her neighborhood representative (who shall represent the neighborhood ineg neral and not be required to indicate a particular resident he or she represents at the PZAB hearing is required to have exhausted administrative remedies by appearing on the record at the hearing before the Planning, Zoning and Appeals Board. In addition to requirements of the Hearing Boards Office, the filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who appeared of record at the Planning, Zoning and Appeals Board hearing on the decision being appealed and who is aggrieved by the action of the Planning, Zoning and Appeals Board. Submitted into the public record in connection with item SPA. SP.2 & SP.3 on 09-04-09 Priscilla A. Thompson City Clerk g. A project for which the Variance has been obtained shall be valid for a period of two (2) years during which a Building Permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A one time extension, for a period not to exceed an additional year, may be obtained upon approval by the Planning Director. Submitted into the public record in connection with item SP.1. SP.2 & SP.3 on 09-04-09 Priscilla A. Thompson City Clerk Amendment to 7.1.2.3 Zoning interpretation regarding notice to neighborhood of application 7.1.2.3 Zoning Interpretation Except where the Miami 21 Code specifically places responsibility in other officers or agencies, questions of interpretation of this Code shall first be presented to the Zoning Administrator. a. Required notice At the time of submitting the application to the Zoning Administrator, the applicant shall notify all Abutting property owners, including those across a street or alley, by certified mail. In the case of Abutting condominiums, only one notice to the condominium association need be sent. Additionally, at the time of submitting the application, the applicant shall obtain from the Department of Planning the list of all registered Neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the NET office, and official representatives of all such registered associations, by certified mail, of the application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. The applicant shall submit the certified receipts from all notices to the Zoning Administrator at the time of application. Submitted into the public record in connection with item SPA, SP.2 & SP.3 on 09-04-09 Priscilla A. Thompson City Clerk Amendments to Miami 21 as to the distribution of decisions and recommendations, both denials and approvals of the application, of zoning administrator, planning director and Planning and Zoning Appeals Board to neighborhood in provisions 7.1.2.3 (Zoning Interpretation), 7.1.2.4 (Warrant), 7.1.2.5 (Waiver), 7.1.2.6 (Exception) and 7.1.2 7 (Variance) 7.1.2.3 Zoning Interpretation a b. Notifications concerning interpretations. Upon making his interpretation, the Zoning Administrator shall notify the party requesting the interpretation, as well -as the representatives of any other officer or agency of the City likely to be affected by such ruling and all NET offices which shall, within five (5.) days, distribute the zoning interpretation to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the applicant Property , and shall post the interpretation on the City's official website. 7.1.2.4 Warrant c. Review and approval process. 1. The Planning Director shall review each submitted application for a Warrant for completeness. If the Warrant application involves a project in excess of two hundred thousand (200,000) square feet of floor area, it shall be referred to the Coordinated Review Committee, which shall review the application and provide its comments and recommendations to the Planning Director. 2. Applications for projects equal to or less than two hundred thousand (200,000) square feet of floor area shall be reviewed by the Planning Director and the Zoning Administrator without need for review by the Coordinated Review Committee, unless the Planning Director determines that review by the Coordinated Review Committee is necessary. Where there is no referral to the Coordinated Review Committee, the Planning Director shall issue an intended decision within twenty-one (21) calendar days of a determination that the application is complete. The applicant shall have seven (7) calendar days from receipt of the notice of the intended decision to request a conference with the Planning Director to discuss revisions or additional information regarding the application. Within ten (10) calendar days of the conference, or if no conference is requested, the Planning Director shall issue written findings and determinations regarding the applicable criteria set forth in this section and any other applicable regulations. The applicant and the Planning Director may mutually consent to an extension of the time for issuance of the final decision. The findings and determinations shall be used to approve, approve with conditions or deny the Warrant application. 3. The Planning Director shall approve, approve with conditions or deny the Warrant application, but in no event shall a Warrant be issued prior to thirty Submitted into the public record in connection with item SPA, SP.2 & SP.3 on 09-04-09 Priscilla A. Thompson City Clerk (30) days from the time the notice of the application is provided to the NET office. Approvals shall be granted when the application complies with all applicable regulations; conditional approvals shall be issued when the applications require conditions in order to be found in compliance with all applicable regulations; denials of applications shall be issued if after conditions and safeguards have been considered, the application still fails to comply with all applicable regulations. The decision of the Director shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET office which shall, within five (5) days, distribute the decision of the Director to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the applicant property and posted on the City's website. The Director shall include a citation to the legal authority for any denial or approval of a Warrant. 7.1.2.5 Waiver Cl. Review and approval process. The Zoning Administrator shall review the Waiver application, as required under this Code, in regard to compliance with the applicable Waiver standards and guiding principles of the Miami 21 Code. Recommendations and findings from the Planning Director shall be forwarded to the Zoning Administrator when applicable or when requested by the Zoning Administrator_ The review by the Planning Director shall consider Article 4, Table 12 Design Review Criteria. Based on these findings, and the applicable findings and determinations of the Zoning Administrator, the Zoning Administrator will issue a final decision on the Waiver request within ten (10) calendar days of receiving the Planning Director's recommendation and findings. The application shall be approved, approved with conditions or denied. A citation to the legal authority shall be included for any denial or awroval of a Waiver. In no event shall a Waiver be issued prior to thirty (30) days from the time the notice of the application is provided to the NET office. The decision of the Zoning Administrator shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET office which shall, within five L51 days, distribute the decision of the Director to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the apphcant property and posted on the City's website. Approvals shall be granted when the application complies with all applicable regulations; conditional approvals shall be issued when such applications require conditions in order to be found in compliance with all applicable regulations; denials of applications shall be issued if, after conditions and safeguards have been considered, the application still fails to comply with aH applicable regulations. 7.1.2.6 Exception 2. Review and findings. Submitted into the public record in connection with i item SPA, SP.2 & SP.3 on 09-04-09 Priscilla A. Thompson City Clerk The Planning, Zoning and Appeals Board shall give full consideration to the Planning Directors recommendations, and shall determine whether to grant an application for Exception, to grant with conditions and safeguards or to deny the application. The Planning, Zoning and Appeals Board shall issue written findings that the applicable requirements of the Miami 21 Code have or have not been met. In no event shall an Exception be issued prior to thirty (30) days from the time the notice of the application is provided to the NET office. The decision of the Planning, Zoning and Appeals Board shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET office which shall, within five () days, distribute the decision of the Director to the official representatives of all registered neighborhood and homeowner associations within the NET office that is applicable to the applicantrp operty and and posted on the City's website. The Planning, Zoning and Appeals Board shall include a citation to the legal authority for any denial or approval of an Exception. 7.1.2 7 (Variance) 2. Decision by the Planning, Zoning and Appeals Board. The Planning, Zoning and Appeals Board shall consider the recommendations of the Planning Director, conduct a quasi-judicial hearing, and shall issue written findings that the application meets or does not meet the applicable criteria allowing for a Variance from the regulations of the Miami 21 Code. In no event shall a Variance be issued prior to thirty (30) days from the time the notice of the application is provided to the NET office. The decision of the Planning, Zoning and Appeals Board shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET office which shall distribute to the representatives of the registered neighborhood associations within t5? days of receipt and posted on the City's website. The Planning, Zoning and Appeals Board shall include a citation to the legal authority for any denial or approval of a Variance. 3. Conditions and safeguards. In any Variance, the Planning, Zoning and Appeals Board may prescribe appropriate mitigating conditions and safeguards in conformity with the Miami 21 Code. Violation of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of the Miami 21 Code and grounds for revocation of the Variance. Submitted into the public record in connection with item SP..1 SP.2 & SP`3 on 09_04-09 Priscilla A. Thompson City Clerk 7.1.2.7 Variance Reinsertion from zoning ordinance 11,000 of the requirement that a Variance comply with Sections 1305,, now denoted as Article 4 Table 12, Design Review Criteria. b. Criteria for approval. An application for a Variance shall be approved only if it demonstrates all of the following: 1. Special conditions and circumstances exist that are peculiar to the land, Structure or Building involved and that are not applicable to other lands, Structures, or Buildings in the same Transect; 2. The special conditions and circumstances do not result from the actions of the applicant; 3. Literal interpretation of the provisions of the Miami 21 Code deprives the applicant of rights commonly enjoyed by other properties in the same Transect Zone and results in unnecessary and undue hardship on the applicant; 4. Granting the Variance requested conveys the same treatment to the individual owner as to the owner of other lands, Buildings or Structures in the same Transect Zone; 5. The Variance, if granted, is the minimum Variance that makes possible the reasonable Use of the land, Building, or Structure; and 6. The grant of the Variance is in harmony with the general intent and purpose of the Miami 21 Code, and is not injurious to the Neighborhood, or otherwise detrimental to the public welfare by demonstration of compliance with the following additional criteria related to impact, character, and design: i_ The Variance, if ranted would result in a proiect that is consistent wih the applicable. criteria as set forth in Article 4 Table 12, Design Review Criteria, as such design relates to the particular location for which the Variance is being sought. Submitted into the public record in connection with item SPA, SP.2 & SP.3 on 09-04-09 Priscilla A. Thompson City Clerk Amendments as to waivers 7.1.2.5 regarding 1) the removal of all but five waivers, giving rights to residential owners and the general 10% waiver, 2) adding the right to appeal the decision of the PZAB regarding the 10% waiver to the City and Commission. 7.1.2.5 Waivers a. Specific Waivers are described in the various articles of this Code, and are referenced here only for convenience. The specific parameters of each Waiver are further described in the articles in which each Waiver appears in this Code. 2. PaFkono FeduGfiens for Eld-edy Housing eF foF Adaptive Reuses iR Community . a , .o ) within the half Mile 10. ReqUiFed paFking within one themand (1,000) feet of the site that it server, (ArFinle 4Table A ; 5:4.1.e}. 12 F=MeRsien6 ahe+ae n,nvirv+,,m Heights fe F e.huFGh sp*Fec. 6teenle6 helfriec , deGOFative elements, eF similar- Stnur-Aures. (AFfiGle 5, SeGfiens 5.3.2.t 5.4.2.g-; 14. Veh*Gular- eRtk_ ;r, thaR r,*Ay (60) feet. (ArtiGle 6, Sen -tion 5_54e and 5.6:4.ge). M4_ 19. Replacement or reconstruction of a nonconforming Structure Restoration of Structures (other than Single -Family, of duplex, and multifamily residential) that are nonconforming in the event of destruction of less than fifty percent (50%) of assessed valuationdestroyed by natural disaster, explosion, fire, act of God, or the public enemy.. (Article 7, Section 7.2.2.b). 20. Alterations to nonconforming Single Family or duplex Structures to enlarge a nonconformity affecting the exterior of the Building or premises. (Article 7, ' Submitted into the public ' record in connection with item SPA, SP.2 & SP.3 on 09-04-09 Priscilla A. Thompson City Clerk. Section 7.2.3). 21. Moving of a nonconforming Structure on its own Lot. (Article 7, Section 7.2.4). 22. Development of Single Family or duplex Structures on certain nonconforming Lots in T-3 zones. (Article 7, Section 7.2.7). 25. As appropriate to the nature of the Waiver involved and the particular circumstances of the case, Waivers'. up to ten percent (10%) of any particular standard of this Code except Density, Intensity and Height, may be granted when doing so promotes the intent of the particular Transect Zone where the proposal is located; is consistent with the guiding principles of this Code, including Article 4 Table 12. Desi n Review Criteria Checklist; and there is practical difficulty in otherwise meeting the standards of the Transect Zone, or when doing so promotes energy conservation and Building sustainability. The inability to achieve maximum Density, Height, or floor plate for the Transect shall not be considered grounds for the granting of a Waiver. This Waiver cannot be combined with any other specified Waiver of the same standard. f. Appeal to the City Commission. Appeal of the decision of the Planning, Zoning and Appeals Board shall be de novo and taken to the City Commission, pursuant to section 7.1.5 of this Miami 21 Code. The appeal shall be filed with the Hearing Boards Office. Notification of the appeal shall be provided by the City in the same manner as provided for the original application in section 7.1.2.6.c. of this Code. Before appeal of any action to the City Commission, the appellant or his/her neighborhood representative who shall represent the neighborhood ineg neral and not -be required to indicate a particular resident he or she represents at the PZAB hearing is required to have exhausted administrative remedies by appearing on the record at the hearing before the Planning, Zoning and Appeals Board. In addition to requirements of the Hearing Boards Office, the filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who appeared of record at the Planning, Zoning and Appeals Board hearing on the decision being appealed and who is aggrieved by the action of the Planning, Zoning and Appeals Board. fg. A Waiver shall be valid for a period of two (2) years during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A one time extension, for a period not to exceed an additional year, may be obtained upon approval by the Zoning Administrator. ubmitted into the public record in connection with item SP.1 SP.2 & SP.3 on 09-04-09 Priscilla A. Thompson City Clerk 6.5.1.5 General Requirements The following general requirements and limitations shall apply with regard to Signs, in addition to provisions appearing elsewhere in this code. No Variance from these provisions is permitted unless otherwise provided herein. a. Any Sign allowed herein may contain, in lieu of any other message or copy, any lawful non -Commercial message, so long as said Sign complies with the size, Height, Area and other requirements of this code and the City Code. b. Limitations on false and misleading Signs. It shall be unlawful to post any Sign that is false or misleading. c. No Sign adjacent to a T3, T4 -R, T5 -R or T6 -R zone shall be illuminated or Flashing unless such Signs are specifically authorized by the regulations for the Transect in which erected. Whether or not illuminated or Flashing Signs are authorized generally within a zone, no Sign shall be permitted within one hundred (100) feet of any portion of property in a Residential district, as measured along the street Frontage on the same side of the street, or as measured in a straight line to property across the street, if the illuminated or flashing element of such Sign is directly visible from the Residential property involved.