§ 18.128.090 — Resubmittals

A. Resubmittal after Denial with Prejudice. Except as otherwise provided in Subsection B., below, the following shall apply to resubmittals after a denial with prejudice: 1. The Director may reject an application for a discretionary planning permit, or amendment, on the grounds that one or more similar applications for the same site have been denied in the past two years (denial with prejudice), or that another cause exists for limiting the refiling of the application. 2. For a period of 12 months following the actual date of denial with prejudice by the Director, Planning Commission, or Council, or, if appealed, the actual date of denial by the applicable Review Authority considering the appeal, 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 thereof. B. Changed Conditions; New Evidence; Mistake. Notwithstanding Subsection A., above, the Director may allow a resubmittal based on one or more of the following findings: 1. New evidence material to a revised decision will be presented that was unavailable or unknown to the applicant at the previous hearing(s) and that could not have been discovered in the exercise of reasonable diligence by the applicant. 2. The surrounding area has been rezoned or a major change in the area has taken place since the previous hearing(s), which materially affects the applicant's real property. 3. A mistake was made at the previous hearing(s) that was a material factor in the denial of the previous application. C. Resubmittal after Denial without Prejudice. There shall be no limitation on subsequent applications for a site where a project was denied without prejudice. D. Director's Determination, Appeal. 1. 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 denied permit or amendment, and shall either process or reject the application in compliance with this Section. 2. The Director's determination may be appealed to the Planning Commission, in compliance with Chapter 18.144 (Appeals).