(A) Whenever the Board of Adjustment disapproves an application on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective board for a period of one year unless the applicant clearly demonstrates that:
(1) Circumstances affecting the property that is the subject of the application have substantially changed; and/or
(2) New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the administrator within the time period for an appeal to superior court. However, such a request does not extend the period within which an appeal must be taken.
(B) Notwithstanding division (A)(1), the Board of Adjustment may at any time consider a new application affecting the same property that an application has been previously denied for. A new application is one that differs in some substantial way from the one previously considered.
(Ord. O-2022-34, passed 4-12-22)