3.406 Limitation on Reapplication

  1. When a proposal is denied by the Board of Adjustment or when the applicant has withdrawn a proposal after the giving of public notice, no new applications of like nature shall be accepted by the city or scheduled for a hearing by the Board of Adjustment within a period of 24 months of the date of denial or withdrawal unless the proposal is denied without prejudice; provided, however, on receipt of written request by the original applicant describing substantially changed conditions in the community since prior consideration of the proposal so as to justify an earlier review of this matter, the mandatory delay period may be waived and a new application accepted.  When a decision of the Board of Adjustment is appealed to a district or county court, no new applications of like nature will be accepted by the city or scheduled for a hearing until the court renders its final decision.
  2. When the district or county court affirms the decision of the Board of Adjustment to deny a variance proposal, no new applications of like nature shall be accepted by the city or scheduled for a hearing unless there is substantial change in conditions in the community since the decision of the Board of Adjustment so as to justify accepting a new application.