Whenever any application requesting a change in a district classification has been denied by the City Council, or has been withdrawn after City Planning Commission recommendation and prior to City Council action, application seeking essentially the same amendment shall not be accepted during the succeeding twelve months unless the City Council determines that sufficient new information as specified in paragraph 165.94(1), New Information, below has been provided to justify acceptance of another amendment request.
1. New Information. New information sufficient to justify acceptance of a successive application within the above described twelve 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 City Clerk a petition addressed to the City Council. 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 of such amendment, and include a listing and description of the new information – relating to paragraph 165.94(1) above – to justify submission of another amendment request. Other documents, exhibits, material, and information in support of the petition may be included in the submission. The application shall submit such petition and supporting material in the number of copies, and pay a fee to the City Clerk in an amount as established from time to time by the City Council by resolution.
B. Review of Request. The City Council shall refer such petition for successive application to the Planning and Zoning Commission for review and recommendation prior to action by the City Council. Said Commission shall review such petition within sixty (60) days of receipt of proper submittal and report its recommendations to the City Council within thirty (30) days from the date of said Commission’s review meeting. The City Council 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 City Council. The City Council shall determine whether the information required in the petition for successive application justifies acceptance of a successive application. If the City Council determines that a successive application is justified, the owner may then submit an amendment request according to the procedures set forth in this section.