Bloomsburg City Zoning Code
PART 10
ADMINISTRATION AND ENFORCEMENT
§ 27-1001 Zoning Officer.
[Ord. No. 1055, 6/3/2024]
1.
The provisions of this Chapter shall be enforced by an agent, to be appointed by the Town Council, who shall be known as the Zoning Officer. The Zoning Officer shall be appointed at the first meeting of the Town Council in January to serve until the first day of January next following and shall thereafter be appointed annually to serve for a term of one year and/or until his successor is appointed. The Zoning Officer may succeed himself. He/she shall receive such fees or compensation as the Town Council may, by resolution, provide. The Zoning Officer shall not hold any elective office within the Town. The Zoning Officer may designate an employee of the Town, or an agent thereof, as his assistant, subject to the approval of the Town Council, who shall exercise all the powers of the Zoning Officer during the temporary absence or disability of the Zoning Officer.
2.
Duties. The duties of the Zoning Officer shall be:
A.
To receive, examine and process all applications and permits as provided by the terms of this Chapter. The Zoning Officer shall also issue zoning permits for special exception and conditional uses, or for variances after the same have been approved.
B.
To record and file all applications for zoning permits or certificates of use and occupancy, and accompanying plans and documents, and keep them for public record.
C.
To inspect properties to determine compliance with all provisions of this Chapter as well as conditions attached to the approval of variances, special exceptions, conditional uses and curative amendments.
D.
To inspect nonconforming uses, structures, and lots and to keep a filed record of such nonconforming uses and structures, together with the reasons why the Zoning Officer identified them as nonconformities, as a public record and to examine them periodically, with the view of eliminating the nonconforming uses under the existing laws and regulations.
E.
Upon the request of the Town Council or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests, to assist such bodies in reaching their decisions.
F.
To be responsible for keeping this Chapter and the Official Zoning Map up to date, including any amendments thereto.
G.
Upon the approval by the Zoning Hearing Board of a special exception, or upon the approval of a conditional use by the Town Council for development located within the Floodplain Zone, the Zoning Office shall transmit written notice of the approval to the Pennsylvania Department of Community and Economic Development.
H.
To remain eligible for the National Flood Insurance Program, the Zoning Officer shall submit a biannual report to the Federal Insurance Administration concerning the status of the Program in the Town (the report form shall be provided by the Federal Insurance Administration).
I.
To render a preliminary opinion regarding a proposed land use in accordance with the Act.
J.
To revoke a permit or approval issued under the provisions of this Chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in the Zoning Ordinance, or otherwise permitted by law.
§ 27-1002 Enforcement.
[Ord. No. 1055, 6/3/2024]
This Chapter shall be enforced by the Zoning Officer of the Town. No zoning permit or certificate of use and occupancy shall be granted by him/her for any purpose except in compliance with the literal provisions of this Chapter. The Zoning Officer may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within his/her scope of employment.
§ 27-1003 Violations.
[Ord. No. 1055, 6/3/2024]
1.
Failure to secure a zoning permit prior to a change in use, change of tenancy, placement, expansion of land and/or a structure, or the erection, construction, removal, reconstruction, and/or alteration of any structure or portion thereof, shall be a violation of this Chapter. It shall also be a violation of this Chapter to undertake other deliberate actions, which are contrary to the terms of the Ordinance, and any conditions placed upon the approval of special exceptions, variances, and conditional uses. Each day that a violation is continued shall constitute a separate offense. If it appears to the Town that a violation of this Zoning Ordinance enacted under the Act or prior enabling laws has occurred, the Town shall initiate enforcement proceedings by sending an enforcement notice as provided in the following:
A.
The enforcement notice shall be sent to the owner of record or agent thereof of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record;
B.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the Town intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements, which have not been met, citing in each instance the applicable provisions of the Ordinance.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in the Ordinance.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
§ 27-1004 Enforcement Remedies.
[Ord. No. 1055, 6/3/2024]
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Zoning Ordinance enacted under the Act or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Town, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Town as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Town may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the Ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the 5th day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs, and reasonable attorney fees collected for the violation of the Zoning Ordinance shall be paid over to the Town.
§ 27-1005 Causes of Action.
[Ord. No. 1055, 6/3/2024]
In case any building, structure landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, repaired, converted, maintained, or used in violation of this Chapter enacted under the Act or prior enabling laws, the governing body or, with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given.
§ 27-1006 Permits.
[Ord. No. 1055, 6/3/2024]
1.
General Requirements for Zoning Permits.
A.
A zoning permit shall be required in the following situations:
(1)
Prior to a change in land use or structure;
(2)
Change in nonresidential building tenant;
(3)
Any business located within the Town of Bloomsburg;
(4)
The erection, construction, improvement or alteration of any structure or portion thereof;
(5)
The alteration or development of any improved or unimproved real estate, including, but not limited to, mining, dredging, filling, grading, paving, excavation or drilling operations or the erection or alteration of any signs specified in Part 7 of this Chapter; and/or
(6)
The construction or installation of animal waste impoundments, lakes, ponds, dams, or other water retention basins.
B.
No zoning permit shall be required for ordinary repairs or maintenance of any structure or land provided such repairs do not change the use or the exterior dimensions of the structure, or otherwise violate the provisions of this Chapter. The following is not an ordinary repair: restriping a parking lot, repaving a parking lot or significant repairs to parking lot, removal and/or reconstruction of a structure and/or parking lot, repaving a driveway, and/or anything similar in scale and/or process the items listed herein.
C.
Application for zoning permits shall be made in writing to the Zoning Officer.
D.
Such zoning permits shall be granted or refused within 90 days from date of application.
F.
In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use to meet all of the above-described requirements, it will be incumbent upon the applicant to furnish adequate evidence in support of his application. If such evidence is not presented, the zoning permit will be denied.
G.
Application for a permit shall be made by the owner or lessee of any building or structure, or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, upon the request of the Zoning Officer, the applicant shall be required to submit written authorization of the owner or the qualified person making an application, that the proposed work is authorized by this owner. The full names and addresses of the owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.
H.
The Zoning Officer may call upon other Town staff and/or Town-appointed consultants in the review of submitted materials for applications.
I.
The Zoning Officer may revoke a permit or approval issued under the provisions of this Chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in the Zoning Ordinance.
J.
Where a permit is required by this Chapter, but the work is commenced or the use is commenced or changed prior to obtaining such permit, the fees set by ordinance or resolution of the Town Council for such permit shall be doubled. The doubling of the permit fee shall be required to reflect the additional expense incurred by the Town resulting from the need to inspect the property, respond to any complaints, issue any enforcement notices and/or process the application as soon as it is received. The payment of such increased permit fee shall not relieve any person from complying with all requirements of this Chapter or any other applicable Town ordinances or from any penalties or enforcement actions authorized by this Chapter or the Act.
K.
Issuance of Permits. Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent local laws, he shall reject such application in writing, stating the reasons therefore. He shall inform the applicant of his right to appeal to the Zoning Hearing Board in the event such application is rejected. If satisfied that the proposed work and/or use conforms to the provisions of the Zoning Ordinance and all laws and ordinances applicable thereto, and that the certificate of use and occupancy as required herein has been applied for, he shall issue a permit therefor as soon as practical but not later than 90 days from receipt of the application.
L.
Reconsideration of Application. An applicant whose request for a permit has been denied by the Zoning Officer may make a later application for a permit provided all deficiencies, which were the basis for the prior denial of the permit, have been eliminated. The Zoning Officer shall not be required to make a new inspection of the application if this condition is not met.
M.
Expiration of Permit. The permit shall expire after one year from the date of issuance; provided, however, that the same may be extended every six months for a period not to exceed an additional two years, upon written request by the applicant which demonstrates good cause to the Zoning Officer.
N.
Compliance with Ordinance. The permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel, or set aside any of the provisions of the Zoning Ordinance, except as stipulated by the Zoning Hearing Board.
O.
Compliance with Permit and Plot Plan. All work or uses shall conform to the approved application and plans for which the permit has been issued as well as the approved plot plan.
P.
Display of Zoning Permit. All approved zoning permits shall be prominently displayed on the subject property during construction, renovation, reconstruction, repair, remodeling, or the conduct of other site improvements. Such permit displays shall occur within five days of permit issuance, or prior to the commencement of actual work on the site, whichever occurs first. Such permit display shall be continuous until the site receives its certificate of use and occupancy.
Q.
Temporary Use Permits. It is recognized that it may be in accordance with the purpose of this Chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this Chapter. If such uses are of such a nature and are so located that, at the time of petition of special exception, they will in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone. Zoning Hearing Board to authorize the issuance of a temporary use permit for a period not to exceed six months.
2.
Application for All Zoning Permits.
A.
Applications shall contain a general description of the proposed work, development, use or occupancy of all parts of the structure or land and shall be accompanied by plans in duplicate drawn to scale and showing the following:
(1)
Actual dimensions and shape of lot to be developed.
(2)
Exact location and dimensions of any structures to be erected, constructed, and altered.
(3)
Existing and proposed uses, including the number of occupied units, businesses, etc., all structures are designed to accommodate.
(4)
Off-street parking and loading spaces.
(5)
Utility systems affected and proposed.
(6)
Alteration or development of any improved or unimproved real estate.
(7)
The size of structures and the number of employees anticipated.
(8)
Any other lawful information that may be required by the Zoning Officer to determine compliance with this Chapter.
(9)
Copies of any applicable approved subdivision or land development plans.
B.
If the proposed development, excavation, or construction is located within the Floodplain Zone, the following information is specifically required to accompany all applications, as prepared by a licensed professional:
(1)
The accurate location and elevation of the floodplain and floodway.
(2)
The elevation, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), of the lowest floor, including basements.
(3)
The elevation, in relation to the NGVD, to which all structures and utilities will be flood proofed or elevated.
(4)
Where flood proofing is proposed to be utilized for a particular structure, the zoning permit application shall be accompanied by a document certified by a licensed professional engineer registered by the Commonwealth of Pennsylvania, or a licensed professional architect registered by the Commonwealth of Pennsylvania certifying that the flood proofing methods used meet this Chapter.
3.
Application for Zoning Permits for Uses in All Commercial and Industrial Zones.
A.
A location plan showing the tract to be developed, zone boundaries, adjoining tracts, significant natural features, and streets for a distance of 200 feet from all tract boundaries.
B.
A plot plan of the lot showing the location of all existing and proposed buildings, driveways, parking lots showing access drives, circulation patterns, curb cut accesses, parking stalls access from streets, screening fences and walls, waste disposal fields or other methods of sewage disposal, other construction features on the lot, and the location of all topographical features.
C.
A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation.
D.
Evidence that the disposal of materials and wastes will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within Columbia County, which have been contracted to dispose of the materials used, and wastes generated on site. The zoning permit shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the use change in the future such that the materials used or wastes generated change significantly, either in type or amount, the owner shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of this section.
E.
Engineering plans for the handling of traffic, noise, glare, air pollution, water pollution, vibration, fire hazards, or safety hazards, smoke, or emission of any potentially harmful or obnoxious matter or radiation.
F.
Designation of the manner by which sanitary sewage and storm water shall be disposed and water supply obtained.
G.
The proposed number of shifts to be worked and the maximum number of employees on each shift.
H.
Where use by more than one firm is anticipated, a list of firms which are likely to be located in the center, their floor area, and estimated number of employees.
4.
Certificate of Use and Occupancy.
A.
It shall be unlawful to use and/or occupy any structure, building, sign, and/or land or portion thereof for which a zoning permit is required herein until a certificate of use and occupancy for such structure, building, sign, and/or land or portion thereof has been issued by the Zoning Officer. The application for issuance of a certificate of use and occupancy shall be made at the same time an application for a zoning permit is filed with the Zoning Officer as required herein.
B.
The application for a certificate of use and occupancy shall be in such form as the Zoning Officer may prescribe and may be made on the same application, as it is required for a zoning permit.
C.
The application shall contain the intended use and/or occupancy of any structure, building, sign, and/or land or portion thereof for which a zoning permit is required herein.
D.
The Zoning Officer shall inspect any structure, building, or sign within 10 days upon notification that the proposed work that was listed under the permit has been completed and if satisfied that the work is in conformity and compliance with the work listed in the issued permit and all other pertinent laws, he shall issue a certificate of use and occupancy for the intended use listed in the original application.
E.
The certificate of use and occupancy or a true copy thereof shall be kept available for official inspection at all times.
F.
Upon request of a holder of a zoning permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a structure, building, sign, and/or land, or portion thereof, before the entire work covered by the permit shall have been completed, provided such portion or portions may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare. The Zoning Officer shall also issue a temporary certificate of use and occupancy for such temporary uses as tents, use of land for religious or other public or semi-public purposes, and similar temporary use and/or occupancy. Such temporary certificates shall be for the period of time to be determined by the Zoning Officer, however, in no case for a period exceeding six months.
G.
A certificate of use and occupancy shall not be issued for structures and buildings located in subdivisions requiring improvement guarantees until the structure or building abuts either a roadway which has been accepted by the Town for dedication or abuts upon a street which has been paved with a base wearing course.
H.
In commercial and industrial zones in which operation standards are imposed, no certificate of use and occupancy shall become permanent until 30 days after the facilities are fully operational when, upon a reinspection by the Zoning Officer, it is determined that the facilities are in compliance with all operation standards.
§ 27-1007 Fees.
[Ord. No. 1055, 6/3/2024]
1.
Determination. The Town Council may, by resolution, establish fees for the administration of this Chapter. All fees shall be determined by a schedule that is made available to the general public. The Town Council may reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this Chapter and may be adopted at any public meeting of the Town Council.
A.
Enforcement Notice.
(1)
When written notice of a violation of any of the provisions of this Chapter has been served by the Zoning Officer on the owner, agent or occupant, or contractor, such violation shall be discontinued immediately.
(2)
The enforcement notice prepared by the Zoning Officer shall state the following and include maps and other supporting documentation as necessary:
(a)
Name of the owner of record and any other person against whom the Town intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation and a description of the requirements which have not been met, citing in each instance the applicable provisions of this Chapter.
(d)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(e)
A statement that the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with the procedures set forth herein.
(3)
All appeals from determinations by the Zoning Officer under this section shall be made by the landowner to the Zoning Hearing Board within 30 days after the enforcement notice has been issued.
B.
Enforcement Remedies.
(1)
Any person, partnership, entity or corporation who or which has violated or permitted the violation of the provisions of this Chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Town, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Town as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Town may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge, determining that there has been a violation, further determines that there was a good-faith basis for the person, partnership, entity, or corporation violating this Chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the 5th day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this Chapter shall be paid over to the Town of Bloomsburg.
(2)
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Town the right to commence any action for enforcement pursuant to this section.
§ 27-1008 Amendments.
[Ord. No. 1055, 6/3/2024]
1.
Power of Amendment. The Town Council may from time to time, amend, supplement, change, or repeal this Chapter including the Official Zoning Map. Any amendment, supplement, change, or repeal may be initiated by the Town Planning Commission, the Town Council or by a petition to the Town Council by an interested party.
2.
Hearing and Enactment Procedures for Zoning Amendments.
A.
Public Hearing. Before hearing and enacting Zoning Ordinance and/or Zoning Map amendments, the Town Council shall conduct a public hearing to inform the general public of the nature of the amendment, and to obtain public comment. Such public hearing shall be conducted after public notice (as defined herein and listed below) has been given.
B.
Public Notice. Before conducting a public hearing, the Town Council shall provide public notice as follows:
(1)
Notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days, and the second publication shall not be less than seven days from the date of the hearing. Publication of the proposed amendment shall include either the full text thereof or the title and brief summary, prepared by the municipal solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
(a)
A copy of the full text shall be supplied to a newspaper of general circulation in the municipality at the time the public notice is published.
(b)
An attested copy of the proposed Ordinance shall be filed in the county law library or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
(2)
For Zoning Map amendments, public notice shall also include the posting of a sign at conspicuous locations along the perimeter of the subject property; these sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time and location of the hearing.
(3)
For curative amendments, public notice shall also indicate that the validity of the Ordinance and/or Map is in question and shall give the place where and the times when a copy of the request including any plans, explanatory material or proposed amendments may be examined by the public.
(4)
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Town Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
C.
Enactment Notice. In addition to the public notice requirements defined herein, the Town Council must publish a reference to the time and place of the meeting at which passage of the ordinance or amendment will be considered, and a reference to a place within the municipality where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. Enactment notice shall be published at least once in one newspaper of general circulation in the municipality not more than 60 days nor less than seven days prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding.
D.
Town Planning Commission Referrals. For amendments proposed by parties other than the Town Planning Commission, the Town Council shall submit each amendment at least 30 days prior to public hearing to the Town Planning Commission for review and comment. The Town Planning Commission shall submit a report of its review, together with any recommendations, to the Town Council within 45 days from the date of said referral. The recommendation of the Town Planning Commission may include a specific statement as to whether or not the proposed amendment is in accordance with the intent of this Chapter and any officially adopted Comprehensive Plan of the Town. The Town Council cannot act upon the amendment until it has received a recommendation from the Town Planning Commission; however, should the Town Planning Commission fail to submit its recommendation within 45 days, the Town Council may proceed without its recommendation.
E.
Columbia County Commissioners' Office of Planning and Development Referrals. All proposed amendments shall be submitted to the Columbia County Commissioners' Office of Planning and Development at least 30 days prior to public hearing on such amendments. The Columbia County Commissioners' Office of Planning and Development may submit recommendations to the Town Council within 45 days of such referral. The Town Council cannot act upon the amendment until it has received a recommendation from the Columbia County Commissioners' Office of Planning and Development; however, should the Columbia County Commissioners' Office of Planning and Development fail to submit its recommendation within 45 days, the Town Council may proceed without its recommendation.
F.
Adjournment of Public Hearing. If during the public hearing process, the Town Council needs additional time to understand the proposal, inform the public, receive public comment, and/or render a decision, it may adjourn the public hearing to a specific time and place.
G.
Within 30 days after enactment, a copy of the amendment to the zoning ordinance shall be forwarded to the Columbia County Commissioners' Office of Planning and Development.
3.
Amendments Initiated by the Town Planning Commission. When an amendment, supplement, change or repeal is initiated by the Town Planning Commission, the proposal shall be presented to the Town Council which shall then proceed in the same manner as with a petition to the Town Council which has already been reviewed by the Town Planning Commission.
4.
Amendment Initiated by the Town Council. When an amendment, supplement, change or repeal is initiated by the Town Council, such amendment, supplement, change or repeal shall follow the procedure prescribed for a petition.
5.
Amendment Initiated by a Petition from an Interested Party. A petition for amendment, supplement, change, or repeal for a portion of this Chapter shall include an accurate legal description and surveyed plan of any land to be rezoned, and all of the reasons supporting the petition to be considered. The petition shall also be signed by at least one record owner of the property in question whose signature shall be notarized attesting to the truth and correctness of all the facts and information presented in the petition. A fee to be established by the Town Council shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein. The Town Council may require duplicate sets of petition materials. The applicant shall submit the names and addresses of adjoining property owners including properties directly across a public right-of-way.
6.
Curative Amendment by a Landowner. A landowner, who desires to challenge on substantive grounds the validity of the Zoning Ordinance or the Official Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest, may submit a curative amendment to the Town Council (including all of the reasons supporting the request to be considered) with a written request that his challenge and proposed amendment be heard and decided as provided in the Act; as amended. The Town Council shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Town and Columbia County Commissioners' Office of Planning and Development as provided for public notice of the hearing shall be provided as defined herein.
A.
In reviewing the curative amendment, the Town Council may deny the request, accept the request as submitted, or may adopt an alternative amendment, which will cure the challenged defects. The Town Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
(2)
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the Zoning Ordinance or Map.
(3)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and other natural features.
(4)
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.
(5)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
B.
The Town Council shall render its decision within 45 days after the conclusion of the last hearing.
C.
If the Town Council fails to act on the landowner's request within the time limits referred to in Subsection 6B, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
D.
Public notice of the hearing shall include notice that the validity of the Zoning Ordinance or Zoning Map is in question and shall give the place where and the times when a copy of the request including any plans, explanatory material or proposed amendments may be examined by the public.
E.
The challenge shall be deemed denied when:
(1)
The Town Council fails to commence the hearing within 60 days.
(2)
The Town Council notifies the landowner that it will not adopt the curative amendment.
(3)
The Town Council adopts another curative amendment which is unacceptable to the landowner.
(4)
The Town Council fails to act on the request 45 days after the close of the last hearing on the request unless the time is extended by mutual consent by the landowner and municipality.
F.
Where, after the effective date of the Act, a curative amendment proposal is approved by the grant of a curative amendment application by the Town Council pursuant to this section or a validity challenge is sustained by the Zoning Hearing Board, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval for a subdivision, land development or planned residential development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of the Act shall apply.
G.
Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a zoning permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
7.
Curative Amendment by the Town Council.
A.
The Town Council, by formal action, may declare this Chapter or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the Town Council shall:
B.
Within 180 days from the date of the declaration and proposal, the Town Council shall enact a curative amendment to validate or reaffirm the validity of this Chapter pursuant to the provisions required by the Act in order to cure the declared invalidity of the Zoning Ordinance.
C.
Upon the date of the declaration and proposal, the Town Council shall not be required to entertain or consider any curative amendment filed by a landowner. Nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of the Zoning Ordinance subsequent to the declaration and proposal, based upon the grounds identical to or substantially similar to those specified in the resolution required by this section. Upon the enactment of a curative amendment to, or the reaffirmation of the validity of this Chapter, no rights to a cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which the Town Council propose to prepare a curative amendment.
D.
The Town Council, having utilized the procedures as set forth in this section, may not again utilize said procedures for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of the Zoning Ordinance; provided, however, that if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Town by virtue of a decision by any court of competent jurisdiction, the Town Council may utilize the provisions of this section to prepare a curative amendment to the Zoning Ordinance to fulfill this duty or obligation.
8.
Authentication of Official Zoning Map. Whenever there has been a change in the boundary of a zone or a reclassification of the zone adopted in accordance with the above, the change on the Official Zoning Map shall be made, shall be duly certified by the Town Secretary, and shall thereafter be refiled as part of the permanent records of the Town.