A. Reapplication Following Denial: Whenever any development application is denied for failure to meet the substantive requirements of these regulations, an application for a development permit or development approval for all or a part of the same property shall not be considered for a period of six (6) months from the date of denial unless the subsequent application involves a proposal that is materially different from the previously denied proposal or unless a majority of the members of the body charged with conducting the initial public hearing determine that the prior denial was based upon a material mistake of fact. The body charged with conducting the initial public hearing shall address and resolve any questions concerning the similarity of the second application, material differences, mistakes of fact or other related issues. Denial of a second application following the six (6) month period shall result in a prohibition on the submission of another application for a period of one year from the second date of denial. (Ord. 172, 9-24-1996, eff. 10-31-1996)
B. Appeals:
1. Any person, including any officer or agency of the city, aggrieved by a final administrative determination on a development permit or administrative development approval by the zoning official or final decision maker may appeal such final determination to the governing body designated by these regulations, if any, in the manner provided in this subsection.
2. A written appeal must be filed with the city clerk within fifteen (15) days after the date of the final decision. The appeal shall contain a written statement of the reasons for which the appellant claims the final decision is erroneous. The appeal shall be accompanied by the fee established by the city council.
a. The written statement may consolidate the appeals requested.
3. The governing body shall hear and render its decision on the appeal within forty five (45) days after the filing of the appeal. The hearing before the governing body shall be conducted in accordance with the provisions of section 9-4-7 of this chapter.
a. The governing body is prohibited from granting to an aggrieved person more than two (2) continuances on the same manner, unless the governing body determines, upon good cause shown, that the granting of additional continuances is warranted.
C. Judicial Appeals: Where appropriate, further appeal may be made to the district court within twenty five (25) days after the date of filing of notice of the final action with the clerk or secretary of the governing body. (Ord. 382, 8-28-2007, eff. 9-20-2007)
D. Amendments And Revisions To Approval:
1. The zoning official may approve minor revisions to the terms of approval of an application for development. Minor revisions must be authorized in writing by the zoning official and are subject to appeal to the zoning board of adjustment pursuant to subsection B of this section. Minor revisions that may be authorized are limited to those that are necessary in light of technical considerations discovered after the decision on the development application by the applicant or the zoning official.
2. If the holder of an approved application for a development permit requests a revision that the zoning official determines is not a minor revision, approval of the revision by the original final decision maker is required in accordance with the procedures established for the original approval of the subject development permit. (Ord. 172, 9-24-1996, eff. 10-31-1996)