3.2.D Withdrawal of Application

An applicant may withdraw an application as provided below. There will be no refund of fees. Requests for withdrawal shall be in writing by the applicant or legally authorized agent. Applications initiated by the City Council are also subject to these withdrawal provisions.

1.  Applications for a zoning text or map amendment, conditional use, and planned development may be withdrawn prior to recommendation by the City Planning Commission without prejudice or limit. If withdrawn after the recommendation by the City Planning Commission, but before a decision by the City Council, the application may not be resubmitted for two (2) years from the date the applicant submits the withdrawal notice.

2.  Applications for variances may be withdrawn prior to a decision by the Board of Zoning Adjustments without prejudice and may thereafter be resubmitted without limit.

3.  Applications for a zoning appeal may be withdrawn prior to a decision by the Board of Zoning Adjustments without prejudice. However, if an application that was withdrawn is resubmitted, the new submittal shall still be filed within forty-five (45)  days of the date the decision being appealed was rendered.