Whenever any application has been denied by the Board of Adjustment or has been withdrawn after Planning and Zoning Commission recommendation but prior to action by the Board, an application requesting the same approval shall not be accepted during the succeeding twelve (12) months unless the Board determines that sufficient new information, as specified in paragraph 1, New Information, below, has been provided to justify acceptance of another such request:
1. New Information. New information sufficient to justify acceptance of a successive application within the above described twelve (12) month period shall include one or both of the following:
A. A substantial change in the proposed use and/or development of the subject property.
B. A substantial change in any conditions important to the previous denial.
2. Procedure.
A. Petition for Successive Application. The owner shall submit to the Zoning Administrator a petition addressed to the Board. Such petition shall be clearly labeled as a “Petition for a Successive Application.” The petition shall identify the subject property, the substance of the previous denial, and include a listing and description of the new information relating to Section 165.86(1), New Information, above to justify submission of another application petition to the Board. Other documents, exhibits, material, and information in support of the petition may be included in the submission. The applicant shall submit such petition and supporting material in the number of copies, and pay a fee to the Zoning Administrator in an amount as established from time to time by the City Council by resolution.
B. Review of Request. The Zoning Administrator shall forward such petition for successive application to the Board and to the Planning and Zoning Commission in the number of copies they shall each require. The Planning and Zoning Commission shall review such petition within sixty (60) days of receipt of the petition and report its findings and recommendation to the Board within thirty (30) days from the date of said Commission’s review meeting. The Board shall not act on such petition until it has received a recommendation thereon from said Commission, unless such recommendation is not received within ninety (90) days of the submission.
C. Action by Board. The Board shall determine whether the information submitted in the petition for successive application justifies acceptance of a successive application. If the Board determines that a successive application is justified the owner may then submit an application according to the procedures governing the submittal.