§ 72-381. Rehearing and administrative res judicata.

(a)

If it is alleged that the commission or county council, as the case may be, has overlooked or misapprehended some facts or points of law, a rehearing of any decision of the commission or county council may be granted by the commission or county council either on the motion of any member voting on the prevailing side, or on the motion of any person aggrieved by its decision. The motion shall be in writing, shall be filed with the zoning enforcement official within ten working days after the rendition of the decision, and shall state its grounds. The movant shall serve it by certified mail or hand delivery upon the chairman of the commission or county council and the county manager and all adjoining property owners previously notified of the hearing, together with a notice stating the date, time and place it will be orally presented to the commission or county council.

(b)

If the commission or county council grants such a motion, it shall state its reasons for doing so, and set a time, date and place for another public hearing upon due public notice.

(c)

The commission or county council shall not otherwise rehear a petition based upon substantially the same facts or issues until at least one year has elapsed from the date of rendition, unless at the time it denies an application, it shall do so without prejudice; and in that event the applicant may apply at anytime thereafter.

(Ord. No. 84-1, § LXII, 3-8-84; Ord. No. 86-16, § XLVIII, 10-23-86; Ord. No. 87-14, § XXXII, 6-18-87; Ord. No. 87-25, § XIX, 9-10-87; Ord. No. 90-34, § 126, 9-27-90; Ord. No. 2004-20, § VI, 12-16-04; Ord. No. 2008-25, § II, 12-4-08)