Section 25.12.940 Exception.

1. Any such second application filed more than one year after the final denial of a prior application shall be presumed to be based on new grounds and shall be heard on the merits as though no prior application has been filed.

2. Final denial shall be considered the occurrence of the later of the following events:

a. Thirty (30) days from the date of the Board of Adjustment or City Council's and City Planning and Zoning Commission denial; or

b. The date of entry of any final ruling or decision by the highest court which the Board of Adjustment and City Council's denial is appealed to; or

c. The date of any voluntary dismissal of any appeal of the Board of Adjustment and City Council's denial; or

d. In all other circumstances the Board of Adjustment, City Council and Planning and Zoning Commission shall determine, in its sole discretion, the date of final denial. (Ord. 92/T-10812; S-30424, 1978)