§ 110-8. Successive Applications.

Whenever any application for development approval is denied for failure to meet the substantive requirements of the Comprehensive Plan and/or the Land Development Code, an application for development approval for all or a part of the same property shall not be considered for a period of two (2) years after the date of denial unless the subsequent application involves a development proposal that is materially different from the prior proposal or unless four (4) members of the Planning Commission determine that the prior denial was based on the material mistake of fact. For the purposes of this provision, a development proposal shall be considered materially different if it involves a significant modification(s) as determined by Planning Director or the application expressly satisfies the deficiencies that were identified in the prior denial. The body charged with conducting the initial public hearing under such successive applications shall resolve any question concerning the similarity of a second application or other questions that may develop under this section.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)