(A) General. Whenever any application for which a public hearing is required is disapproved, the same type of application for all or a part of the same land shall not be considered for a period of one year after the date of disapproval unless a Waiver of Time Limit is approved by the decision-making body pursuant to the requirements of this section. Only one request for Waiver of Time Limit may be submitted by the land owner during the one-year period.
(B) Waiver of Time Limit.
(1) Owner or authorized agent. Only the owner of land or the owner's authorized agent may submit a request for Waiver of Time Limit.
(2) Initiation. A request may be initiated by the owner or the owner's authorized agent by submitting a request for Waiver of Time Limit to the Zoning Administrator, within 15 calendar days of mailing the notification of the decision, along with a fee to defray the cost of processing the request.
(3) Preparation of staff report and scheduling for meeting. After receipt of a request for Waiver of Time Limit, the Zoning Administrator shall prepare a staff report on the request (which includes copies of the minutes and vote on the application) and schedule the matter for the next regularly scheduled meeting of the decision-making body.
(C) Action. At the meeting for which the request for Waiver of Time Limit is scheduled, the decision-making body shall consider the request, the staff report (including all relevant previous meeting minutes and vote on the application), other relevant support materials, statements made by the owner or the owner's authorized agent and approve or disapprove the request based on the standards in § 162.02-14(D), Standards.
(D) Standards. The Waiver of Time Limit shall be considered only upon a recommendation by city staff and a finding by two-thirds of the membership of the decision-making body that the owner presented substantial evidence that demonstrates:
(1) There is a substantial change in circumstances relevant to the issues or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application; or
(2) New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed; or
(3) A new application is proposed to be submitted that is materially different from the prior application; or
(4) The final decision on the application was based on a material mistake of fact.
(Ord. 05-10, passed 3-23-10)