(A) Generally. It is the policy of the city not to hear successive applications for a substantially similar application after an application is denied. The limitations of this subsection prevent the consideration of successive applications.
(B) Applications eligible for successive applications. Table 156.J.002.12-2, Review Steps, denotes the development review applications that are eligible for successive applications.
(C) Second applications without new grounds barred. Whenever any application, appeal, or other request has been denied on its merits, a second application, appeal, or other request seeking essentially the same relief shall not be brought unless, in the opinion of the Zoning Administrator or development review body before which it is brought, substantial new evidence is available or a mistake of law or fact significantly affected the prior denial.
(D) New grounds to be stated. Any second application shall include a detailed statement of grounds justifying consideration of the application.
(E) Summary denial with or without hearing. Second applications may be denied summarily, and without hearing, on a finding that no grounds appear which warrant a new hearing. In any case where an application is set for hearing, the applicant shall be required to establish grounds warranting reconsideration of the merits of the application prior to being allowed to offer any evidence on the merits. Unless such grounds are established, the application may be summarily dismissed.
(F) Exception.
(1) One year. Any second application filed more than one year after the final denial of a prior application shall be presumed to be based on new grounds and shall be heard on the merits as though no prior application has been filed.
(2) Final denial. Final denial shall be considered the occurrence of the later of the following events:
(a) Thirty days from the date of denial by the Board, Council, or Commission; or
(b) The date of entry of any final ruling or decision by the highest court which the Board and Council's denial is appealed to; or
(c) The date of any voluntary dismissal of any appeal of the Board and Council's denial; or
(d) In all other circumstances the Board, Council, and Commission shall determine, in its sole discretion, the date of final denial.