§ 3.5. Post-Decision Procedures

A.

Notification Required

Within ten (10) business days following final action on any development application, the appropriate City Department shall provide written notification to the applicant of the decision. If an application has been denied, the notification should include the reasons for denial as well as any information relating to reapplication procedures for the appropriate application.

B.

Reapplication Following Denial

Whenever any development application, with the exception of any plat application, is denied, a development application for all or a part of the same property shall not be accepted for filing for a period of six (6) months after the date of denial unless the subsequent application involves a proposal that is substantially different from the previously denied proposal. For the purpose of this section, a request may be considered substantially different if the change is to a different zoning classification, there is a change in conditions relating to zoning principles of the property or surrounding properties or there is a change in the nature of the development of the property or surrounding properties. The City Manager or his/her designee shall resolve any questions concerning the similarity of the reapplication. The final decision-maker may, at its option, waive the six (6) month waiting period if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial new information pertaining to the request is discovered.

C.

Amendments and Revisions to Approved Application

Unless otherwise expressly provided by this UDC, any request to amend or revise an approved development application shall be considered a new application, which must be decided in accordance with the procedures governing at the time such new application is filed with the City.