§ 10.00.04. Reapplication After Denial By the Board or Appropriate Final Review Body

A.

General Reapplication Requirements

Any request for amendment to the text of this Code, the Schedule of District Regulations, or the Zoning Atlas, that was denied by the Board or Land Use Hearing Officer, shall not be resubmitted for review and consideration until a minimum of one full year has passed, measured from the date the request was denied. Unless waived by the Board of County Commissioners, the one year prohibition on such resubmission shall be extended by any period during which the denial is subject of litigation or appeal initiated by the applicant. If a new but similar request is submitted for review and consideration prior to the completion of the year, the Administrator shall review the request to determine if the following changes have been made:

1.

The request is a minimum of 25 percent less intense in terms of fewer units, if residential, or contains a minimum of 25 percent less square footage or a 25 percent lower floor area ratio of nonresidential;

2.

If the same intensity as described in 1. above, the project height and/or lot coverage has been reduced; or

3.

The concerns raised by staff, the public, and/or the reviewing body as reasons for the denial, may have been corrected.

The determination by the Administrator shall be in writing.

B.

Reapplication of Alcoholic Beverage Development Permit Requests After Denial by the Hearing Officer

1.

In the case of Alcoholic Beverage Development Permits, the request must be of a lesser intensity use in order not to be deemed a similar application. For example, a 2-COP (beer and wine on and off premises) is of a lesser intensity then a 4-COP (beer, wine, and liquor on and off premises). A reapplication may also be considered by the Hearing Officer within one year when substantial changes have occurred in the area adjacent to the subject site which may have a bearing on the consideration of the proposed Alcoholic Beverage Development Permit.

2.

If one or more of these changes is present and the Administrator finds that the changes are significant enough to warrant a new review, the request shall be submitted as if it were a new request.

(Ord. No. 06-18, § 2, 8-1-06; Ord. No. 09-62, Item J, 10-26-09, eff. 2-1-2010)