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(a) Resubmittal after Disapproval with Prejudice.
(1) The review authority may disapprove an application for a discretionary planning permit or amendment, on the grounds that two or more similar applications for the same parcel have been disapproved in the past two years (e.g., disapproval with prejudice), or that another cause exists for limiting the refiling of the application.
(2) For a period of 12 months following the date of the disapproval with prejudice of a discretionary planning permit or amendment, no application for the same or substantially similar planning permit or amendment shall be filed for the same site, or any portion of the site, except where the Director determines that substantial new evidence or proof of changed circumstances warrants further consideration.
(b) Resubmittal after Disapproval Without Prejudice. There shall be no limitation on subsequent applications for a site where a project was disapproved without prejudice.
(c) Director’s determination, appeal. The Director shall determine whether a new application is for a planning permit or amendment that is the same or substantially similar to a previously approved or disapproved permit or amendment, and shall either process or reject the application in compliance with this Section. The Director’s determination may be appealed to the Commission in compliance with Chapter 86.08 (Appeals).
(Ord. 4011, passed - -2007)