After the hearing examiner’s or council’s final action denying a rezone, no further rezone action involving substantially the same property shall be requested for at least one year. If the hearing examiner or council finds that extraordinary circumstances exist, or that the request might deserve approval in the near future, but not at the present time, then the rezone may be denied without prejudice. In such a case, if the rezone request is reactivated in writing by the applicant within six months, and is reheard within nine months of the date of the original action, then the original case file and number shall be used and the rezone fee shall be waived. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).