§ 72-417. Withdrawal of applications.

Applications for amendment to this zoning ordinance under section 72-414, or for special exceptions under section 72-415, may be withdrawn by an applicant in the manner set forth as follows:

(1)

An applicant shall withdraw an application by filing a written notice of the withdrawal with the zoning enforcement official and sending a copy of such request for withdrawal by certified mail to all those individuals to whom the applicant was initially required to give notice by mail of his application (see subsection (2), below); provided, however, an applicant may withdraw an application orally only at the time of the commission or county council hearing, and such oral notice of withdrawal shall be sufficient public notice to all persons (see subsection (3), below).

(2)

When an application is withdrawn more than three days prior to the scheduled commission or county council hearing, as the case may be, excluding Sundays and holidays, the withdrawal shall be without prejudice to reapply within a one-year period provided for by section 72-416. In the event the application is withdrawn before the notice of public hearing is forwarded for publication by the zoning enforcement official, the applicant shall be entitled to a refund of all filing fees.

(3)

When an application is withdrawn at the time of the commission or county council hearing, as the case may be, or within three days prior thereto, excluding Sundays or holidays, the withdrawal shall be with prejudice to a further application based upon the same facts or issues within one year from the time of the withdrawal.

(4)

The county council may waive any of the requirements of this section for rezoning or special exception applications upon good cause shown by the applicant. The commission may waive any of the requirements of this section for variance applications upon good cause shown by the applicant.

(Ord. No. 82-20, § XX, 12-9-82; Ord. No. 85-27, § XII, 11-14-85; Ord. No. 90-34, § 131, 9-27-90; Ord. No. 95-17, § IX, 6-15-95; Ord. No. 02-10, § VIII, 4-18-02; Ord. No. 2008-25, § II, 12-4-08)