(A) Whenever the Board of Commissioners disapproves a conditional use permit application, or the Board of Adjustment disapproves an application for a special use permit or a variance 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 at a later time unless the applicant clearly demonstrates that:
(1) Circumstances affecting the property that is the subject of the application have substantially changed; or
(2) New information is available that could not, with reasonable diligence, have been previously presented. A request to be heard on this basis must be filed with the Land Use Administrator within the time period for an appeal to superior court (see § 152.159); however, such a request does not extend the period within which an appeal must be taken.
(B) Notwithstanding division (A) above, the Board of Commissioners or Board of Adjustment may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.
(Ord. passed 12-20-2001)