Land Development Ordinance - Amended 4-2-2024

a. Prior to Notice of Legislative or Evidentiary Hearing

The Planning Director may approve a request to withdraw an application if it has been submitted and the notification of a legislative or evidentiary hearing has not yet been advertised pursuant to this Article.

b. Subsequent to Notice of Legislative or Evidentiary Hearing

Once notice of a legislative or evidentiary hearing has occurred pursuant to this Article, the request for withdrawal of an application shall be placed on the agenda and acted upon by the appropriate decision-making body.

c. New Petition

After a petition is withdrawn, a new petition, without prejudice, may be submitted for consideration following the standard schedule and procedures in accordance with this Article.

§9-1807 SUCCESSIVE APPLICATIONS

When an application is disapproved, a subsequent application for all or part of the same request shall only be considered in accordance with this Article.

a. Zoning Map Amendment

A zoning map amendment application that is disapproved shall not be considered for a period of one (1) year from the date of the disapproval. The maximum number of times the same property may be considered for a zoning map amendment during a one (1) year period is two (2) times per year in accordance with the following standards:

(1) Change of Ownership . If the ownership of the property has changed, the new owner shall have the ability to petition for a zoning map amendment during the same one (1) year period.

(2) Material Differences . The subsequent application involves an application that is materially different from the prior application.

(3) Insufficient Material . The decision-making body that made the final decision on the application determines that the prior disapproval was based on mistaken facts or insufficient material, by a simple majority of the membership. The decision-making

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