A. Second Applications Without New Grounds Barred: Whenever any application filed pursuant to this title 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 within one year of the final denial unless in the opinion of the official, board, or commission before which it is brought, there is substantial new evidence available or a mistake of law or fact significantly affected the prior denial.
B. New Grounds To Be Stated: Any such second application shall include a detailed statement of the grounds justifying consideration of such application.
C. Summary Denial With Or Without Hearing: Any such second application may be denied by the zoning official summarily, and without hearing, on a finding that no grounds appear that warrant a new hearing. In any case where such 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 for such failure.
D. Exception: Whether or not new grounds are stated, any such second application filed more than one year 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 such 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. 2000-O-005, 2-14-2000)