§ 25-2-247. RESTRICTIONS ON NEW APPLICATIONS.

(A)

For 18 months from the date an applicant withdraws an application or the council denies a zoning or rezoning application for a property, an applicant may not file an application to zone or rezone the property or a portion of the property to the same or a less restrictive zoning district if the application that is withdrawn or denied:

(1)

is not recommended by the Land Use Commission as requested by the applicant and is withdrawn by the applicant before council votes on the application;

(2)

is not recommended by the Land Use Commission as requested by the applicant and is denied by the council;

(3)

is amended by the applicant before the Land Use Commission makes a recommendation on the application and is withdrawn by the applicant before the council votes on the application; or

(4)

is amended by the applicant before the Land Use Commission makes a recommendation on the application and is denied by council.

(B)

For 12 months from the date an applicant withdraws an application or the council denies a zoning or rezoning application for a property, an applicant may not file an application to zone or rezone the property or portion of the property to the same or a less restrictive zoning district if the application that is withdrawn or denied:

(1)

is not recommended by the Land Use Commission as requested by the applicant and is withdrawn by the applicant before the director of the Neighborhood Planning and Zoning Department forwards the application to council;

(2)

is recommended by the Land Use Commission as requested by the applicant and is withdrawn by the applicant before council votes on the application; or

(3)

is recommended by the Land Use Commission as requested by the applicant and is denied by the council.

Source: Section 13-1-408; Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11.