A. Whenever an application for rezoning, prezoning, use permit, or variance has been denied in the legislative process as set forth in this chapter, no new application for the denied zone(s) or use(s) on any part of the property affected in the denied application shall be filed and accepted within one year from the date of the final decision on the denied application provided, however, that such new application may be filed and accepted where there has occurred a change of circumstances which might affect the outcome of said decision.

B. The finding that relevant circumstances have changed enough to justify reconsideration of said denied application can be made by the planning commission only after a public hearing notices and held in the same manner as the denied application. A request for a special public hearing must be accompanied by a fee and a written explanation of the change of circumstances.

C. The decision of the planning commission on the issue of change of circumstances shall be final except that any interested person may appeal the decision to the city council by filing a written appeal and a fee with the city council within fifteen days of the decision. The city council shall conduct a public hearing on the matter which shall be noticed and held in the same manner as an appeal on the denied application.

D. The city council shall act on the appeal within thirty days after the close of the public hearing. Approval of the appeal shall consist of a finding that there has occurred a change of circumstances which might affect the outcome of the decision. (Ord. No. 1391.)