A. Landowner; general provisions. A landowner desiring to challenge the validity of any provision of this chapter or any amendment thereof shall not be required to make or file any application for development as a condition to pursuing any available judicial or administrative relief, except in the following cases:
(1) When the power to grant relief against the challenged provision is lodged in any administrative agency or officer and the application is necessary to a decision upon the appropriate relief. For purposes of this subsection, the term "administrative agency or officer" includes the local governing body when acting upon the approval of plans.
(2) When an application is necessary to define the controversy and to aid in its proper disposition. An application for subdivision approval or for a building permit is not necessary to define the controversy or to aid in its proper disposition within the meaning of this subsection when the challenge is addressed solely to a minimum lot size or maximum density requirement, nor shall an application relating to buildings be required when the challenge is confined to site planning or subdivision improvement matters, nor shall a subdivision application be required when the challenge is confined to building or land use matters.
B. Landowner; scope of judicial relief. Notwithstanding any provision contained in Subsection A hereof, a landowner desiring to challenge the validity of any provision of this chapter or any amendment thereof may elect to file a complete application for development, either preliminary or final, with the Planning Commission and demand that it decide in what respects the application accords with the provisions of this chapter and in what respects it conflicts therewith.
(1) The determination pursuant to such demand shall be made in accordance with the procedures and within the time prescribed for acting upon the application in question. But where the procedures otherwise applicable do not require this, a decision pursuant to a demand made under this section shall be in writing and shall note the matters deemed to be in conflict with this chapter and cite to the provisions of such ordinance relied upon. A copy of the decision shall be furnished the applicant personally or mailed to him not later than the day after the decision is rendered.
(2) Upon receipt of the decision, the landowner may immediately pursue the administrative and judicial proceeding available to challenge the provisions found to be in conflict with his application. In addition, he may elect to serve a copy of the decision upon the City together with copies of his application and notice of his intention to secure the special relief authorized by this section and § 515-707H(2). If the landowner elects to serve such notice, the City shall have 60 days from the receipt thereof within which it may amend the challenged provisions of the regulations. If no amendment is adopted within the sixty-day period, the Court rendering the decision upon the challenge shall disregard any subsequent amendment and may, if it holds challenged provisions invalid, enter judgment ordering the Planning Commission to approve the landowner's application as filed. If any amendment is adopted within the sixty-day period, the landowner may accept the amendment and dismiss his action without prejudice to his right to raise the same issues in another action; or he may amend his complaint and challenge the amended provisions, and if such amended provisions are held invalid by the Court, the Court shall have power to enter judgment ordering the Planning Commission to approve the landowner's application as filed.
(3) When the landowner is unaware of the conflict between his application for development and the provisions of this chapter at the time of filing thereof and files a complete application, preliminary or final, without serving demand for a decision thereon as provided in this section, and thereafter the application is disapproved on the grounds that it conflicts with provisions of this chapter, the landowner may elect at that time to demand a decision in the terms required by this section, whereupon the procedures set forth in this section and the powers granted to the Court shall be applicable as if a demand had been served at the time the application was filed.