(1) A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he/she has an interest shall submit the challenge either:

(a) To the Zoning Hearing Board for a report thereon under § 595-40B, Challenge to validity of Zoning Ordinance or Map, or § 595-40E, Unified appeals; or
(b) To council together with a request for a curative amendment.

(2) The submissions referred to in Subsection A hereof shall be governed by the following:

(a) The landowner shall make a written request to the Zoning Hearing Board or Council that it hold a hearing on his challenge. The request shall contain a short statement reasonably informing the Board or the Council of the matters that are in issue and the grounds for the challenge. Such statement shall contain a certification that the landowner did not know at the time of the application:

[1] That the City had resolved to consider a particular scheme of rezoning by publication of notice of hearings on a proposed Comprehensive Plan or proposed zoning ordinance or otherwise; or
[2] That the scheme of rezoning would be inconsistent with the landowner's proposed use, provided that this rezoning scheme had reached sufficient particularity to disclose that, if adopted, it would cure the defect in the zoning ordinance attached by the substantive challenge.

(b) The request may be submitted at any time after the Ordinance or Map takes effect but if an application for a permit or approval is denied thereunder, the request shall be made not later than the time provided for appeal from the denial thereof. In such case, if the landowner elects to make the request to Council and the request is timely, the time within which he/she may seek review of the denial of the permit or approval on other issues shall not begin to run until the request to Council is finally disposed of.
(c) The requests shall be accompanied by plans and other materials describing the use of development proposed by the landowner in lieu of the map or development permitted by the challenged ordinance or map. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in the light thereof. Nothing contained herein shall preclude the landowner from first seeking a final permit or approval before submitting his challenge to the Board or Council.
(d) If the submission is made to Council under Subsection C(1) hereof, the request shall be accompanied by an amendment or amendments to the Ordinance proposed by the landowner to cure the alleged defects therein.
(e) Notice of the hearing required by this chapter shall include notice that the validity of the Ordinance or Map is in question and shall give the place where and the times when a copy of the landowner's request, including the plans submitted pursuant to Subsection B(3) hereof and the proposed amendments, if any, submitted under Subsection B(4) hereof may be examined by the public.
(f) The Board or Council, as the case may be, shall hold a hearing upon the landowner's request, commencing not later than 60 days after the request is filed unless the landowner requests or consents to an extension of time.

(3) The landowner's request for a curative amendment is denied when:

(a) Council notifies the landowner that it will not adopt the amendment;
(b) Council adopts another amendment which is unacceptable to the landowner, or
(c) Council fails to act on the landowner's request, in which event the denial is deemed to have occurred on the 30th day after the close of the last hearing on the request unless the time is extended by mutual consent between the landowner and the City.

(1) The aggrieved persons shall submit a written request to the Board that it hold a hearing on the challenge. The request shall contain a short statement reasonably informing the Board of the matters that are in issue and the grounds for the challenge.
(2) The request shall be submitted within the time limitations prescribed by § 595-40G. In order not to unreasonably delay the time when a landowner may secure assurance that the ordinance or map under which he/she proposes to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to the ordinance or map will run under § 595-255 by the following procedure:

(a) The landowner may submit plans and other materials describing his proposed use of development to the Zoning Administrator for a preliminary opinion as to their compliance with the applicable ordinances and maps. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a building permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a preliminary opinion as to its compliance.
(b) If the Zoning Administrator's preliminary opinion is that the use or development complies with the Ordinance or Map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the City. Such notice shall include a general description of the proposed use or development and its location, by some readily identifiable directive, and the place and times where the plans and other materials may be examined by the public. The favorable preliminary opinion of the Zoning Administrator shall be deemed to be a preliminary approval under § 595-40G, and the time therein specified for commencing a proceeding with the Board shall run from the time when the second notice thereof has been published.

(3) The Board shall hold a hearing upon the aggrieved person's request commencing not later than 60 days after the request is filed. If a hearing has been held by Council covering the same matters, at which a stenographic record has been taken, the Board shall upon motion of any party accept such record as the record in the case before the Board, but the Board shall not be precluded from taking additional evidence unless such evidence ought to be excluded under § 595-39F.
(4) After submitting his challenge to the Board, as provided in Subsections A and B hereof, any party aggrieved may take the same to Court by appeal.

(1) A landowner who desires to file a zoning application or to secure review or correction of a decision or order of Council or of any officer or agency of the City which prohibits or restricts the use or development of land in which he/she has an interest on the ground that such decision or order is not authorized by or is contrary to the provisions of an ordinance or map shall proceed as follows:

(a) From a decision of Council or a planning agency under a subdivision or land development ordinance the landowner may appeal directly to Court or to the Zoning Hearing Board where applicable. An adverse decision on preliminary or tentative plans shall, at the landowner's election, be treated as final and appealable.
(b) From the decision of Council or a planning agency denying tentative approval of a development plan or, if tentative approval has been granted, from any adverse decision on an application for final approval, the landowner may appeal directly to Court or to the Zoning Hearing Board where applicable.
(c) To the extent that the Board has jurisdiction on all other appeals shall lie exclusively to the Zoning Hearing Board.
(d) Applications under § 595-40C, Special exceptions, and § 595-40D, Variances, shall be made exclusively to the Zoning Hearing Board.

(2) Appeals to the Zoning Hearing Board pursuant to Subsection A(1) and (3) hereof shall be filed within 30 days after notice of the decision is issued or, if no decision is made, within 30 days from the date when a decision is deemed to have been made.
(3) Appeals to Court.

(a) Appeals to Court may be taken by the landowner from any decision of City Council or planning agency under Subsections A(1) and (2) hereof after the decision is issued or, if any decision is made, when a decision is deemed to have been made.
(b) Appeals to Court from any decision of the Zoning Hearing Board may be taken by any party aggrieved.

(1) Persons aggrieved by a use or development permitted on the land of another who desire to secure review or correction of a decision or order of Council or of any officer or agency of the City which has permitted the same, on the grounds that such decision or order is not authorized by or is contrary to the provisions of an ordinance or map shall first submit their objections to the Zoning Hearing Board. The submission shall be governed by the provision of § 595-41D. Appeals to Court from the decision of the Zoning Hearing Board may be taken by an aggrieved party.

(a) The landowner shall make a written request to the Zoning Hearing Board or Council that it hold a hearing on his challenge. The request shall contain a short statement reasonably informing the Board or the Council of the matters that are an issue and the grounds for the challenge. Such statement shall contain a certification that the landowner did not know at the time of the application:

[1] That the City had resolved to consider a particular scheme of rezoning by publication of notice of hearing on a proposed Comprehensive Plan or proposed zoning ordinance or otherwise; or
[2] That the scheme of rezoning would be inconsistent with the landowner's proposed use, provided that this rezoning scheme had reached sufficient particularity to disclose that, if adopted, it would cure the defect in the zoning ordinance attached by the substantive challenge.

(2) The request may be submitted at any time after the ordinance or map takes effect, but if an application for a permit or approval is denied thereunder, the request shall be made not later than the time provided for appeal from the denial thereof. In such case, if the landowner elects to make the request to Council and the request is timely, the time within which he/she may seek review of the denial of the permit or approval on other issues shall not begin to run until his/her request to Council is finally disposed of.
(3) The requests shall be accompanied by plans and other materials describing the use of development proposed by the landowner in lieu of the map or development permitted by the challenged ordinance or map. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in the light thereof. Nothing contained herein shall preclude the landowner from first seeking a final permit or approval before submitting his challenge to the Board or Council.
(4) If the submission is made to Council under Subsection A(2) hereof, the request shall be accompanied by an amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects therein.
(5) Notice of the hearing required by this chapter shall include notice that the validity of the ordinance or map is in question and shall give the place where and the times when a copy of the landowner's request, including the plans submitted pursuant to Subsection F(3) hereof and the proposed amendments, if any, submitted under Subsection F(4) hereof may be examined by the public.
(6) The Board or Council, as the case may be, shall hold a hearing upon the landowner's request commencing not later than 60 days after the request is filed unless the landowner requests or consents to an extension of time.
(7) The landowner's request of a curative amendment is denied when:

(a) Council notifies the landowner that it will not adopt the amendment;
(b) Council adopts another amendment which is unacceptable to the landowner; or
(c) Council fails to act on the landowner's request, in which event the denial is deemed to have occurred on the 30th day after the close of the last hearing on the request unless the time is extended by mutual consent between the landowner and the City.