No application shall be received nor acted upon where within three hundred sixty-five days last past, application has been made and denied by the planning commission or, if appealed, was denied by the city council, which covers substantially the same real property, and which requests substantially the same rezoning, variance, conditional use permit, or unless either the planning commission or the city council permits such reapplication which may be based on one or more of the following:

1.

New evidence material to a revised decision will be presented which was unavailable or unknown to the applicant at the previous hearings and which could not have been discovered in the exercise of reasonable diligence by the applicant.

2.

There has been a substantial and permanent change of circumstances since the previous hearings, which materially affects the applicant's real property.

3.

A mistake was made at the previous hearings which was a material factor in the denial or denials of the previous application.

(Ord. 315 § 1 (part), 1981)