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12.1 REAPPLICATION IF APPLICATION IS DENIED

No application shall be accepted nor acted upon, if within the preceding twelve (12) months, an application has been denied by the Hearing Officer or the Board of Supervisors, which application involves substantially the same real property, and which requests approval of substantially the same project, unless either the Hearing Officer or the Board of Supervisors permits such reapplication because of an express finding that one or more of the following situations applies: (Former Section INL#317-11, 317-28, 317-38, 317-40.9; CZ#A315-22; Ord. 894, Sec. 1, Sec. 2, Sec. 4, 12/19/72; Ord. 1726, Sec. 4, 3/4/86)

12.1.1New evidence material to a revised decision is presented which was unavailable or unknown to the applicant at the time of the previous decision and which could not have been discovered by the exercise of reasonable diligence by the applicant; (Former Section CZ#A315-22(A))

12.1.2Subsequent to the previous decision there has been a substantial and permanent change of relevant circumstances which materially affects the real property involved; or (Former Section CZ#A315-22(B); Amended by Ord. 2214, 6/6/00)

12.1.3The previous decision was based in whole or in part upon a mistake which was a material factor in the denial of the previous application. (Former Section CZ#A315- 22(C))