(A) Second applications without new grounds barred. Whenever any application filed pursuant to this chapter has been finally denied on its merits, a second application, seeking essentially the same relief, whether or not in the same form or on the same theory, shall not be brought unless, in the opinion of the officer, Board or Commission before which it is brought, substantial new evidence is available or a mistake of law or fact significantly affected the prior denial.
(B) New grounds to be stated. Any second application shall include a detailed statement of the grounds justifying consideration of the application.
(C) Exception. Whether or not new grounds are stated, any second application filed more than two years after the final denial of a prior application shall be heard on the merits as though no prior application had been filed. The applicant shall, however, be required to place in the record all evidence available concerning changes of conditions or new facts that have developed since the denial of the first application. In the absence of evidence it shall be presumed that no new facts exist to support the new petition that did not exist at the time of the denial of the first application.
(Ord. 1018, passed 6-22-2009)