In order to rehear a case through our Zoning Board the changes to the application need to be substantially different, is there a planning or zoning definition to what makes something substantially or even significantly different?
In order to rehear a case through our Zoning Board the changes to the application need to be substantially different, is there a planning or zoning definition to what makes something substantially or even significantly different?
Look in your ordinance to see if there is any guidance of what constitutes a "substantially different" proposal. In my experience I look at the reasons why the original proposal was denied, if those items haven't changed then it is a no go. Also look at the use or uses as well as the density. If those things have changed then they have a good case that it is substainally different. Without knowing specifics it is hard to give you any concrete answers.
Res judicata is what you are talking about. In Ohio, I believe the case law is Set Products, Inc. v. Bainbridge Township Board of Zoning Appeals
(1987), 31 Ohio St.3d 260.
Pretty much any change to the case allows for it to be heard again. I would argue that the case law does not support the "substantially different" portion of your code. The case law is more along the lines of a change of circumstance. But I am not a lawyer (nor do I play one on TV). I would consult your legal council for further clarification.
Hope that helps.
A common mistake people make when trying to design something completely foolproof is to underestimate the ingenuity of complete fools. -Douglas Adams
Quote