Bradford City Zoning Code
ARTICLE XIX
Administration and Enforcement
§ 220-140 Zoning Officer powers and duties.
A.
The provisions of this chapter shall be administered and enforced by a Zoning Officer who shall be appointed by City Council. The Zoning Officer shall hold no elective office in the City. The Zoning Officer shall meet the qualifications established by the City and shall be able to demonstrate, to the satisfaction of the City, a working knowledge of municipal zoning.
B.
The Zoning Officer shall have all the powers and duties conferred upon him by this chapter and the Pennsylvania Municipalities Planning Code. The Zoning Officer's duties shall include the following:
(1)
Receive and examine all applications for zoning certificates, temporary use permits and sign permits;
(2)
Notify applicants of any deficiencies in applications and request additional information;
(3)
Process applications for temporary use permits, sign permits and zoning certificates for all permitted uses;
(4)
Receive applications for uses by special exception and variances and forward these applications to the Zoning Hearing Board for action prior to considering issuance of zoning certificates for the proposed use;
(5)
Issue permits only where there is compliance with the provisions of this chapter, with other City ordinances and the laws of the commonwealth;
(6)
Issue denials of zoning certificates, temporary use permits and sign permits and refer any appeal of the denial to the Zoning Hearing Board for action thereon;
(7)
Conduct inspections and surveys to determine compliance or noncompliance with this chapter;
(9)
With the approval of City Council, or when directed by City Council, institute, in the name of the City, any appropriate action or proceeding to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation so as to prevent the occupancy or use of any building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises;
(10)
Revoke any order or permit issued under a mistake of fact or contrary to the law or the provisions of this chapter;
(11)
Record and file all applications for zoning certificates, temporary use permits and sign permits with accompanying plans and documents, and maintain those files as a public record;
(12)
Maintain the official Zoning District Map for the City;
(14)
Submit a monthly written report to City Council of all zoning certificates, sign permits, temporary use permits and all notices of violation and orders issued;
(15)
Meet with the Planning Commission as needed to advise the Commission regarding potential developments and to discuss any problems in administering this chapter and/or recommend amendments to this chapter.
§ 220-141 Enforcement.
A.
Violations. Failure to comply with any provisions of this chapter; failure to secure a zoning certificate prior to the erection, construction, extension, structural alteration, addition or occupancy of a building or structure, or the use or change of use or occupancy of structures or land, shall be a violation of this chapter.
B.
Enforcement notice. The enforcement notice shall contain the following information:
(1)
The name of the owner of record and any other persons against whom the City intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements that have not been met, citing in each instance the applicable provisions of this chapter.
(4)
The date before which 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 the procedures set forth in this chapter.
(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.
C.
Enforcement remedies.
(1)
Any person, partnership 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 City, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the City 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 City may enforce the judgment pursuant to the applicable rules of civil procedure.
(2)
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 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 fifth 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 attorney fees collected for the violation of this chapter shall be paid over to the City.
(3)
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.
D.
Causes of action. In case any building or structure is erected, constructed, reconstructed, structurally altered, repaired, converted or maintained or any building or structure or land is used in violation of this chapter or of any other ordinance or regulation made under authority conferred hereby, City Council or, with approval of City Council, the Zoning Officer or other proper official, in addition to other remedies, may institute in the name of the City, any appropriate action or proceeding to: prevent, restrain, correct or abate such unlawful erection, construction, reconstruction, structural alteration, repair, conversion, maintenance or use; to prevent the occupancy of any building, structure or land; or to prevent any illegal act, conduct, business or use that constitutes a violation.
§ 220-142 Coordination with other City requirements and permits, state and federal requirements and permits.
A.
Applications for permits. In all cases, any application for a permit of any of the types described in this chapter shall be decided not only on the basis of compliance with this Zoning Ordinance, but also on the basis of compliance with all other applicable City ordinances and all other applicable rules and regulations of the various City authorities and agencies that might be concerned, as well as state and federal requirements and permits.
B.
Reasonable accommodation procedure and criteria.
(1)
Persons with a claim for a reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act shall submit their request, in writing, to the Zoning Officer on an application form which shall require that the following information, and such other information as may be reasonably needed to process the request, be provided:
(a)
Specific citation of the provision of this chapter from which reasonable accommodation is requested;
(b)
The name and address of the applicants;
(c)
The specific description of the reasonable accommodation sought and the particulars, including exact dimensions of any proposed structural or locational accommodation;
(d)
The condition of the applicants for which reasonable accommodation is sought;
(e)
A description of the hardship, if any, that the applicants will incur absent provision of the reasonable accommodation requested;
(f)
A description of any alternative methods of relieving the claimed hardship that have been considered and the reason, if any, why applicants have rejected such alternatives;
(g)
A statement describing why the requested accommodation is necessary to afford the applicants an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the property in question;
(h)
A description of the manner in which the accommodation, if granted, will be terminated or removed if no longer required to afford equal housing opportunity to handicapped or disabled persons; and
(i)
A statement of any facts indicating whether or not nonhandicapped or nondisabled persons would be permitted to utilize the property in question in a manner similar to that sought by the applicants.
(2)
The Zoning Officer may hold any meetings and/or hearings necessary in his discretion to elicit information or argument pertinent to the request for accommodation.
(3)
The Zoning Officer's decision shall be in writing and shall state the reasons for the decision.
(4)
The Zoning Officer shall issue his written decision to the applicants and City Council within 30 days of filing of the request for accommodation.
(5)
A request for reasonable accommodation shall be directed in the first instance to the Zoning Officer. In considering a request for reasonable accommodation, the Zoning Officer shall, with the advice and counsel of the City Solicitor, apply the following criteria:
(a)
Whether the applicants are handicapped or disabled within the meaning of the Federal Fair Housing Act Amendments or the Americans with Disabilities Act;
(b)
The degree to which the accommodation sought is related to the handicap or disability of the applicants;
(c)
A description of the hardship, if any, that the applicants will incur absent provision of the reasonable accommodation requested;
(d)
The extent to which the requested accommodation is necessary to afford the applicants an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the property in question;
(e)
The extent to which the proposed accommodation may impact other property owners in the immediate vicinity;
(f)
The extent to which the requested accommodation may be consistent with or contrary to the zoning purposes promoted by the Zoning Ordinance, the Comprehensive Plan and the community development objectives set forth in the Zoning Ordinance;
(g)
The extent to which the requested accommodation would impose financial and administrative burdens on the City;
(h)
The extent to which the requested accommodation would require a fundamental alteration in the nature of the City's regulatory policies, objectives and regulations;
(i)
The extent to which the requested accommodation would result in a subsidy, privilege or benefit not available to nonhandicapped or nondisabled persons;
(j)
The permanency of the requested accommodation and the conditions under which such accommodation will be removed, terminated or discontinued when no longer needed to provide handicapped or disabled persons with equal opportunity to use and enjoy the property in question; and
(k)
The extent to which the requested accommodation will increase the value of the property during and after its occupancy by the applicants.
§ 220-143 Zoning certificate required.
A.
When required.
(1)
No land use may be established or changed; no structure or building may be erected, constructed, reconstructed, structurally altered, razed or removed; and no building or structure may be used or occupied or the use changed until a zoning certificate has been obtained from the Zoning Officer.
(2)
In the instances where a building permit is required under the Uniform Construction Code (UCC), a zoning certificate shall be prerequisite to issuance of the building permit. In those instances where no building permit is required under the Uniform Construction Code (UCC), a certificate of occupancy shall not be required. A new or changed use of land or structure shall be authorized by a zoning certificate when no building permit is required.
(3)
In the case of a use by special exception, the Zoning Officer shall refer the application to the Zoning Hearing Board for a decision granting approval of the use by special exception prerequisite to issuing a zoning certificate. Whenever the approval of a use by special exception includes conditions attached to the approval, said conditions shall be incorporated into the zoning certificate.
(4)
In the case of a permitted use, the Zoning Officer shall not issue the zoning certificate unless and until all applicable regulations of this chapter have been met and, in the case of a use for which land development plan approval is required by Chapter 191, Subdivision and Land Development, unless and until final approval of the land development plan has been granted by City Council. Whenever final approval of a land development plan is subject to conditions, those conditions shall be incorporated into the zoning certificate.
B.
Application for zoning certificate.
(1)
All applications for zoning certificates shall be made, in writing, by the owner or his authorized agent on a form furnished by the City and shall include a statement of the intended use of the building and a plot plan drawn to scale; and copies of all required county, state and/or federal permits as approved by the appropriate agency and shall include the following information at a minimum:
(a)
All applications for a proposed use that does not involve construction, alteration or enlargement of a principal structure or an accessory structure shall include one copy of a plot plan showing compliance with any applicable requirements for the proposed use such as signage, parking, buffer areas and the like, as well as a narrative describing the proposed use and demonstrating compliance with all applicable criteria for approval, including, but not limited to, any express standards and criteria for a use by special exception.
(b)
All applications for a zoning certificate for a principal structure where construction is proposed shall be accompanied by one copy of a plot plan, drawn to scale, showing: key location map; graphic scale; North arrow; closest intersecting public road; exact dimensions and total acreage of the lot or parcel; zoning of the lot and zoning of all abutting properties; exact location and exterior dimensions of the existing and proposed building or other structure; exact location and area of all existing and proposed watercourses; drainageways, rights-of-way and easements; exact location of existing and proposed driveways, streets and roads within, adjacent and opposite to the lot or parcel; exact location of existing and proposed off-street parking, loading and pedestrian movement facilities; exact dimensions of front, side and rear yards for all principal and accessory uses; and any other additional data as may be deemed necessary and be requested by the Zoning Officer to determine compliance with this chapter.
(c)
All applications for construction, alteration or enlargement of an accessory structure shall be accompanied by one copy of a plot plan showing the principal structure, the proposed location of the accessory structure, setbacks for the accessory structure, its relationship to the principal structure and all easements and rights-of-way on the property.
(d)
The Zoning Officer may require an applicant to furnish a survey of the property by a Pennsylvania registered land surveyor when complete and accurate information is not readily available from existing records.
(e)
The Zoning Officer may require additional data to determine compliance with this chapter.
(2)
It shall be the duty of the Zoning Officer to review the application to determine if all necessary information has been submitted or request more information of the applicant and officially receive the application for review by the appropriate City agencies.
C.
Approval of zoning certificate. Upon approval of the application for a zoning certificate, one copy of the approved zoning certificate with the approved application attached shall be returned to the applicant. One copy of such zoning certificate shall be kept on file in the office of the Zoning Officer.
D.
Denial of zoning certificate. In the event of a denial, the Zoning Officer shall state, in writing, the reason for such denial including the citation of the specific section of this or other pertinent ordinances that have not been met.
E.
Inspection. The Zoning Officer, or his duly appointed representative, may make inspections on the property for which an application for a zoning certificate has been submitted, issued or completed.
§ 220-144 Certificate of occupancy.
A.
Required.
(1)
A certificate of occupancy indicating compliance with the provisions of this chapter shall be required prior to:
(a)
Occupancy of any structure following completion of construction, reconstruction or enlargement of the structure governed by a building permit issued under the Uniform Construction Code (UCC).
(2)
In the case of a change of use of an existing building or structure or occupancy of any land or structure for which a building permit is not required under the Uniform Construction Code (UCC), the zoning certificate required by § 220-143 shall authorize occupancy of the land or structure and a separate certificate of occupancy shall not be required.
B.
Application for certificate of occupancy.
(1)
A certificate of occupancy shall only be required for the first occupancy following construction of any new dwelling. A certificate of occupancy shall not be required for subsequent occupancies of dwellings. For all other structures, buildings, water bodies and land areas, a certificate of occupancy shall be required prior to the use and occupancy of the structure, building, water body or land area. A certificate of occupancy shall be required for the change of use of any structure, building, water body or land area. A certificate of occupancy shall be required when any existing dwelling is changed to a nonresidential use or when the number of dwelling units in any existing dwelling is changed, including conversion apartments.
(2)
All requests for a certificate of occupancy shall be made, in writing, on a form furnished by the City, completed by the owner, or other authorized agent and shall include a statement that the use and/or construction authorized by the approved zoning certificate has been completed in compliance with all applicable requirements.
(a)
It shall be the duty of the Building Inspector to review the application to determine if all necessary information has been submitted, to request more information from the applicant and officially receive the application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Issuance of certificate of occupancy. Applications for a certificate of occupancy shall be reviewed by the Building Inspector. The Building Inspector shall either issue findings as a basis for denial or shall approve the application. Upon approval of the request for a certificate of occupancy, one copy of the certificate of occupancy shall be given to the applicant, and one copy of the certificate of occupancy shall be kept on file in the office of the Building Inspector.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Denial of certificate of occupancy. In the event of denial, the Building Inspector shall forward to the applicant, a written statement containing the reason for such denial and shall cite the specific requirements of this chapter or the Uniform Construction Code (UCC) that have not been met.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Time limitations. A certificate of occupancy shall remain valid for as long as the structure, building, water body or land area is used in the manner for which the certificate of occupancy has been issued.
F.
Temporary certificate of occupancy. A temporary certificate of occupancy may be issued by the Building Inspector for a period not exceeding six months to permit partial occupancy of a building, structure, water body or land area while work is being completed, provided such temporary certificate of occupancy may require such conditions and safeguards as may be warranted, including posting of surety, to protect the health and safety of the occupants and the public and guarantee compliance with the provisions of this chapter, the Uniform Construction Code (UCC) or any conditions attached to the zoning certificate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 220-145 Temporary use permits.
A temporary use permit shall be required prior to the initiation of an authorized temporary use of a structure, land or water body and shall meet the following requirements:
A.
Approvals required.
(1)
Temporary construction trailers, model homes or sales offices shall be subject to approval of a temporary use permit by the Zoning Officer under this section provided the Zoning Officer also determines compliance with § 220-98.
(2)
Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail business with the permission of the landowner for a period of not more than 72 consecutive hours shall be exempt from obtaining a temporary use permit. Any such activity that exceeds 72 consecutive hours in duration shall be exempt from obtaining approval of a use by special exception from the Zoning Hearing Board, but shall be subject to approval by the Zoning Officer of a temporary use permit, provided the Zoning Officer determines compliance with all applicable standards of § 220-90BB as a condition precedent to issuing the temporary use permit under this section.
(3)
Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining approval of a use by special exception from the Zoning Hearing Board, but shall be subject to approval by the Zoning Officer of a temporary use permit, provided the Zoning Officer determines compliance with all applicable standards of § 220-90BB as a condition precedent to issuing the temporary use permit under this § 220-145.
B.
Application for temporary use permit. All requests for temporary use permits shall be made, in writing, on a form furnished by the City and shall include a full description of the type of use for which such permit is being sought and the dates during which this use is proposed to be in existence.
(1)
It shall be the duty of the Zoning Officer to review the application for compliance, request more information of the applicant, if necessary, and officially receive the application.
C.
Issuance of permit.
(1)
Any temporary use permit that requires approval of a use by special exception in accordance with the express standards and criteria of § 220-90BB shall not be issued until the favorable decision of the Zoning Hearing Board is received.
(2)
Applications for a temporary use permit shall be reviewed by the Zoning Officer. The Zoning Officer shall either issue findings as a basis for denial or shall approve the temporary use permit.
(3)
Upon approval of the application for a temporary use permit, one copy of the permit shall be given to the applicant. The applicant's copy of the permit must be publicly displayed at the site of the temporary use during the existence of the use. One copy of the temporary use permit shall be kept on file in the Office of the Zoning Officer.
D.
Denial of permit. In the event of denial, the Zoning Officer shall forward to the applicant a written statement containing the reason for such denial and shall cite the specific requirements of this chapter that have not been met.
E.
Time limitations. Temporary use permits are valid for the time period specified in the approval. Annual renewal may be granted subject to the Zoning Officer's determination that there is continuing compliance with § 220-90BB. All temporary uses shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.
F.
Inspections.
(1)
The Zoning Officer, or his duly appointed representative, shall make an inspection of the property on which such temporary use is to be located to determine the suitability of the site for the use. This inspection shall be made prior to issuing a permit, prior to initiation of the use or in the event a renewal of the permit is requested, during the time the use is in existence.
(2)
A record shall be made indicating the time and date of inspection; the findings of the Zoning Officer in regard to conformance with this chapter and other City ordinances; and the opinion of the Zoning Officer with regard to the suitability of the site for the temporary use.
§ 220-146 Sign permits.
A sign permit shall be required in accordance with the provisions of § 220-118I of this chapter and Chapter 178 of the City Code. It shall be unlawful for any person to commence work for the erection or alteration of any sign until a permit has been issued.
B.
Issuance of permit.
(1)
Applications for a sign permit shall be reviewed by the Building Inspector. The Building Inspector shall either issue findings as a basis for denial or shall approve the application.
(2)
Upon approval of the sign permit, one copy of the permit shall be given to the applicant, and one copy of the permit shall be kept on file in the office of the Building Inspector.
C.
Denial of permit. In the event of denial, the Building Inspector shall forward to the applicant, a written statement containing the reason for such denial and shall cite the specific requirements of this chapter and/or Chapter 178 of the City Code that have not been met.
D.
Inspections. The Zoning Officer, the Building Inspector or their duly appointed representatives, may make the inspections on property on which the permanent sign is to be located including:
(1)
Prior to installation of the sign;
(2)
Following installation of the sign;
(3)
Occasionally to determine continued maintenance and compliance with this chapter;
(4)
In response to any written complaint;
(5)
Whenever the sign is proposed to be replaced or modified; and
(6)
Upon cessation of the use for which the sign was erected.
§ 220-147 Procedure for amendments.
City Council may introduce and consider amendments to this chapter and to the Zoning District Map. In addition, City Council may consider amendments to this chapter and to the Zoning District Map that are proposed by the Planning Commission, the Zoning Hearing Board or by a petition of landowners of property within the City.
A.
Petitions. Petitions for amendments by landowners shall be filed with the Planning Commission at least 20 calendar days prior to the meeting at which the petition is to be heard. In the case of a petition for reclassification of property, the petitioners, upon such filing, shall submit a legal description of the property proposed to be rezoned. All petitions shall include a statement justifying the request and documenting consistency with the City's Comprehensive Plan and a filing fee, in accordance with the fee schedule fixed by resolution of City Council as provided for in § 220-148. The Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to City Council.
B.
Referral. Any proposed amendment presented to City Council without written findings and recommendations from the City Planning Commission and the McKean County Planning Commission shall be referred to those agencies for review at least 30 days prior to the public hearing of City Council. City Council shall not hold a public hearing upon such amendments until the required reviews are received or the expiration of 30 days from the date of referral, whichever comes first.
C.
Posting of property. If the proposed amendment involves a change to the Zoning District Map, notice of the public hearing shall be conspicuously posted by the City at points deemed sufficient by the City along the tract to notify potentially interested citizens at least seven days prior to the date of the public hearing.
D.
Mailing of notices. In addition to posting the property, if the proposed amendment involves a change to the Zoning District Map, notice of the public hearing shall be mailed by the City at least 30 days prior to the date of the hearing by first-class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the City. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this § 220-147D. This § 220-147D shall not apply when the rezoning constitutes a comprehensive rezoning.
E.
Public notice and public hearing. Before acting on a proposed amendment, City Council shall hold a public hearing thereon. Public notice, as defined by this chapter, shall be given containing a brief summary of the proposed amendment and reference to the place where copies of the same may be examined.
F.
Readvertisement. If after any public hearing is held upon a proposed amendment, the amendment is substantially changed or revised to include land not previously affected by the amendment, City Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
G.
Publication, advertisement and availability.
(1)
Proposed amendments shall not be enacted unless City Council gives notice of the proposed enactment, including the time and place of the meeting at which passage will be considered and a reference to the place in the City where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof.
(2)
City Council shall publish the proposed amendment once in a newspaper of general circulation in the City not more than 60 nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary prepared by the City Solicitor setting forth all the provisions in reasonable detail. If the full text is not included:
H.
Action. In the case of proposed adoption of a completely revised Zoning Ordinance, within 90 days of the date when the public hearing on the proposed ordinance is officially closed, City Council shall vote on the proposed ordinance. In the event substantial amendments are made in the proposed ordinance or amendment, City Council shall readvertise in one newspaper of general circulation in the City a brief summary of the ordinance or amendments at least 10 days prior to enactment.
I.
Filing amendment with County Planning Commission. Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the McKean County Planning Commission.
§ 220-148 Fees.
City Council shall establish and revise, from time to time, a schedule of fees by resolution, as well as a collection procedure, for all applications submitted under the provisions of this chapter. The schedule of fees shall be available to the public from the Zoning Officer or the City Administrator.
§ 220-149 Landowner curative amendments.
A curative amendment may be filed by a landowner who desires to challenge, on substantive grounds, the validity of this chapter or the Zoning District Map or any provision thereof, that prohibits or restricts the use or development of land in which he has an interest.
A.
Procedure. The landowner may submit a curative amendment to City Council with a written request that his challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 1004 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1] As with other proposed amendments, the curative amendment shall be referred to the City Planning Commission and the McKean County Planning Commission at least 30 days before the hearing is conducted by City Council. Public notice shall be given in accordance with Sections 610, 1004 and other applicable provisions of the Pennsylvania Municipalities Planning Code.[2] The hearings shall be conducted in accordance with the provisions of Subsections (4) through (8) of Section 908 of the Pennsylvania Municipalities Planning Code[3] and all references in that section to the Zoning Hearing Board shall be references to City Council.
B.
Evaluation of merits of curative amendment. If City Council determines that a validity challenge has merit, City Council may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment that will cure the alleged defects. City 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 this chapter or Zoning District Map;
(3)
The suitability of the site for the intensity of the use proposed by the site's soils, slopes, woodlands, 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; and
(5)
The impact of the proposal on the preservation of agriculture and other land uses that are essential to public health and welfare.
C.
Declaration of invalidity by court. If the City does not accept a landowner's curative amendment brought in accordance with this § 220-149 and a court subsequently rules the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter, but only for those provisions that specifically relate to the landowner's curative amendment challenge.[4]