(A) Whenever 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 within a six-month period unless the applicant clearly demonstrates that:
(1) Circumstances affecting the property that is the subject of the application have substantially changed;
(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 Zoning Administrator within the time period for an appeal to superior court (see § 153.420). However, such a request does not extend the period within which an appeal must be taken;
(3) The Board erred in its decision-making due to a misinterpretation of the submitted evidence.
(B) Notwithstanding division (A) above, the Board of Aldermen 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 4-9-2013; Ord. 2021-03, passed 6-8-2021)