§ 72-416. Rehearing and administrative res judicata.

(a)

If it is alleged that the commission or county council, in making a final decision, has overlooked or misapprehended some facts or points of law, a rehearing of the decision 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 the decision. That motion shall be in writing, shall be filed with the zoning enforcement official within ten working days after rendition of the decision, and shall state its grounds.

(b)

The movant shall serve the motion by certified mail or hand delivery upon the chair of the body whose rehearing is sought, 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.

(c)

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

(d)

The commission or county council shall not otherwise rehear applications based upon 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 reapply at anytime thereafter.

(Ord. No. 82-20, § XIX, 12-9-82; Ord. No. 84-1, § LXV, 3-8-84; Ord. No. 86-16, § LIII, 10-23-86; Ord. No. 90-34, § 130, 9-27-90; Ord. No. 95-17, § VIII, 6-15-95; Ord. No. 02-10, § VII, 4-18-02; Ord. No. 2008-25, § II, 12-4-08)