An application shall not be accepted or acted upon if within the past twelve (12) months an application, which covers substantially the same real property and requests approval of substantially the same project, has been made and denied by the city unless the review authority allows the reapplication because of an express finding that one (1) or more of the following factors applies:
A. New evidence. New evidence potentially material to a revised decision is presented which was unavailable or unknown to the applicant at the previous hearing and which could not have been discovered in the exercise of reasonable diligence by the applicant.
B. Substantial and permanent change of circumstances. There has been a substantial and permanent change of circumstances since the previous hearing which materially affects the applicant's real property.
C. Mistake made at the previous hearing. A mistake was made at the previous hearing which was a material factor in the denial of the previous application. (Ord. 2010-02 § 1 (part), 2010)