§ 5-205. Reapplication waiting period.

(a) In general.

Within 1 year after an application for a variance or a conditional use has been denied, the same application for the same property may not be reviewed or heard unless substantial new evidence is available.

(b) Resubmission within 1 year.

(1) If a zoning application is resubmitted for the same property within the 1-year period, the subsequent application must include a detailed description of how the application is a substantially different request or how substantial new evidence justifies its consideration.

(2) The Zoning Administrator must determine whether the subsequent application is a substantially different request or presents substantial new evidence that justifies its consideration. If the Zoning Administrator finds that the application is not appropriate for resubmittal, the Zoning Administrator must summarily, and without need for a hearing, deny the request.