A. Resubmittal after Denial with Prejudice.
1. The Review Authority may deny an application for a discretionary permit or approval on the grounds that two or more similar applications by the same applicant and for the same site have been denied in the past two years (also known as denial with prejudice), or that another cause exists for limiting the refiling of the application.
2. For a period of 12 months following the actual date of denial with prejudice by the Director, Commission, or Council, or, if appealed, the actual date of denial by the applicable review authority considering the appeal, of a discretionary permit or approval, no application for the same or substantially similar permit or approval by the same applicant and for the same site shall be accepted by the City for the same site, or any portion thereof.
B. Exception to Subsection A., Above. The Director may allow exception to Subsection A., above, based on one or more of the following findings:
1. New evidence material to a revised decision will be presented that was:
a. Unavailable or unknown to the applicant at the previous hearing(s) and that could not have been discovered in the exercise of reasonable diligence by the applicant; or
b. Available or known to the applicant at the previous hearing(s), but the applicant was unaware of the significance and applicability of the evidence.
2. There has been a substantial and permanent change of circumstances since the previous hearing(s), which materially affects the applicant’s real property.
3. A mistake was made at the previous hearing(s) that was a material factor in the denial(s) of the previous application.
C. Resubmittal after Denial without Prejudice. There shall be no limitation on subsequent applications for a site where a project was denied without prejudice.
D. Director’s Determination, Appeal.
1. The Director shall determine whether a new application is for a permit or approval that is the same or substantially similar to a previously approved or denied permit or approval, and shall either process or reject the application in compliance with this Section.
2. The Director’s determination may be appealed to the Commission, in compliance with Chapter 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)