Whenever either Council or the City Planning and Zoning Commission has held a public hearing and denied a petition for an amendment to the Zone Map adopted by the Zoning Ordinance, or a variance to the existing zoning, or a use district exception, action by the Planning and Zoning Commission on any subsequent petition filed by an owner of the property for the identical use district classification or variance, within the period of one year next after such public hearing, shall be deferred until the expiration of such one-year period.
Upon the expiration of the one-year period, the Secretary of the City Planning and Zoning Commission shall determine from the petitioner if he or she desires to prosecute such petition and if so then the City Planning and Zoning Commission shall consider the application in the same manner as an original petition. However, the City Planning and Zoning Commission may waive the provisions of this section upon the showing by the applicant that there is substantial new evidence available or that there has been a material change in the conditions or circumstances concerning such property. In such a case, the City Planning and Zoning Commission must first consider and determine by a two-thirds vote of the full membership of the Commission, at a regular or special meeting of the Commission, the question of whether or not there is substantial new evidence available or whether or not there has been a material change in the conditions or circumstances surrounding such property before the Commission can consider the application on its merits. A petition may be withdrawn by a petitioner at any time during such one-year period.
(Ord. 178-1959. Passed 9-14-59.)