A landowner who desires to challenge the validity of this chapter, Zoning Map, or any provision thereof, on substantial grounds, which prohibits or restricts the use or development of land in which he or she has an interest, may submit a curative amendment to the City with a written request that his or her challenge and proposed amendment be heard and decided. The City shall commence a public hearing within 60 days of receipt of the written request.
(a) Notification. The City Planning Commission and the Cambria County Planning Commission shall be notified of the proposed amendment at least 30 days prior to the public hearing.
(c) Public Hearings. The hearing shall be conducted in accordance with Section 1260.222
, and all references therein to the Zoning Hearing Board shall, for the purposes of this section, refer to City Council.
(d) Invalidation Limitation. If the City does not accept the landowner’s curative amendment and a court subsequently rules that the challenge has merit, the court’s decision shall not result in a declaration of invalidity for this entire chapter or Zoning Map, but only for those provisions, which specifically relate to the landowners curative amendment and challenge.
(e) Enactment Considerations. If it is determined that the challenge has merit, City Council may accept the landowner’s curative amendment, with or without revision, or may adopt an alternative amendment which cures the challenged defects. In addition to the curative amendments, plans, and information submitted by the landowner, City Council shall also consider the following:
(1) The impact of the proposal on roads, sewer facilities, water supplies, and other public facilities;
(2) The impact of residential proposals on regional housing needs and their effectiveness in providing housing units of the type available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or Zoning Map;
(3) Site suitability in relation to physiographic features;
(4) The impact of the proposed use on physiographic and environmental considerations; and
(5) The impact of the proposed use on agricultural preservation, public health, and public welfare considerations.
(Ord. 5139. Passed 11-27-13.)