City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg as indicated in text. Amendments noted where applicable.]

§ 1-302.1 Glossary. [1]

As used in these Codified Ordinances, unless otherwise expressly stated or clearly indicated by the context, the following terms shall have the meanings indicated:
ACCESSORY BUILDING STRUCTURE
A subordinate structure detached from, but located on the same lot as, the principal structure, the use of which is customarily incidental to that of the main building and is located on the same lot.
[Ord. No. 23-1990]
ACCESSORY OFF-STREET PARKING
The parking of vehicles on property exclusive of public right-of-way and free of charge as incidental to the principal use of a building, either on a parking lot or in a parking structure.
[Ord. No. 19-1985]
ACCESSORY STRUCTURE
A detached structure which is not used or not intended to be used for living or sleeping by human occupants and which is located on or partially on any premises.[2]
[Ord. No. 22-1985]
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or related to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.
[Ord. No. 4-1981[3]]
ADULT ENTERTAINMENT USE
Includes but is not limited to adult bookstores, adult mini motion-picture theaters, adult motion-picture theaters and massage businesses.
[Ord. No. 4-1981]
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas for observation by patrons therein.
[Ord. No. 4-1981]
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities.
[Ord. No. 4-1981]
AGREEMENT OF SALE
Any agreement, or written instrument, which provides that title to any real property shall thereafter be transferred from one owner to another owner and includes, inter alia, written leases which contain options to purchase leased property and leases which provide that the lessee of the property shall acquire title thereto after the payment of a stipulated number of regular rent payments or after a stipulated period of time.
[Ord. No. 51-1979]
ALLEY
A minor right-of-way or service roadway providing a secondary means of public access, primarily for service access to the back or sides of properties or abutting property, and not intended for general traffic circulation.
[Ord. No. 112-1964]
ALTERATION
Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, or means of ingress or egress, or any enlargement or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. This definition excludes normal repairs and maintenance, such as painting or roof replacement.
[Ord. No. 9-1996]
APARTMENT
A dwelling unit within a multifamily dwelling unit structure with a minimum floor area of 400 square feet.
[Ord. No. 112-1964]
APPROVED
Approved pursuant to or in accordance with any applicable statute, ordinance or regulations governing the subject matter.
[Ord. No. 9-1996]
APPURTENANCES
The visible, functional or ornamental objects accessory to and part of buildings or real property.
[Ord. No. 9-1996]
ARCHITECT
A registered professional architect licensed as such by the Commonwealth of Pennsylvania.[4]
[Ord. No. 9-1996]
BASEMENT
A portion of a building or story partly or wholly below the ground or grade level. It shall be considered a story if the average height from the first floor above grade measured at each of two corners farthest above grade is greater than five feet or half of its clear height is below the average grade of the adjoining ground. (See also "cellar.")
[Ord. No. 9-1996[5]]
BILL
A draft or drafts of a proposed ordinance from its introduction before Council through final vote thereon.
[Ord. No. 9-1996]
BILLBOARD
A vertical flat surface, either freestanding or attached to or painted on a wall or fence, advertising services or products offered or distributed at another place.
[Ord. No. 112-1996]
BLOCK
A unit of land bounded by streets or by a combination of streets and public land, railroad right-of-way, waterways, or other barriers to the continuity of development.
[Ord. No. 9-1996]
BOARDER, ROOMER or LODGER
A person who pays consideration for residence in a dwelling, which residence is not a condition of employment in such dwelling.
BOARDINGHOUSE
Any residential building containing space which is let by the owner or operator to three or more persons for the purpose of living and sleeping only, where meals are prepared and served in a common dining room by the owner or operator.
[Ord. No. 14-1994]
BREEDING AREA
Any condition which provides the necessary environment for the birth or hatching of vectors.
[Ord. No. 22-1995]
BUILDING
A structure which is completely enclosed by a roof and solid exterior walls, along whose outside faces can be traced an unbroken line for the complete circumference of the structure, which is permanently affixed to a lot or lots and used or intended to be used for the shelter, support, or enclosure of persons, animals or property of any kind.
[Ord. No. 32-1994]
BUILDING CODE
The Harrisburg Building Code as amended, which is codified in Chapter 8-101.
[Ord. No. 9-1996]
BUILDING ENVELOPE
The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, minimum yard setbacks, and sky exposure plane regulations when applicable.
[Ord. No. 9-1996]
BUILDING HEIGHT
The vertical distance from the grade to the top of the highest roof beams of a flat roof or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one street, the height shall be measured from the average of the grades at the center of each street front. For the purposes of the Zoning Code, "building height" shall not include the following, subject to the restrictions attached thereto:
A. 
Roof-mounted appurtenant structures such as mechanical installations, utility penthouses or elevator overruns, provided that:
(1) 
Such roof-mounted appurtenant structures cover no more than 33 1/3% of the total roof area; and
(2) 
Such roof-mounted appurtenant structures are screened on all sides by parapet walls or other architectural devices up to the height equaling the maximum elevation of the roof-mounted appurtenant structures.
B. 
Roof-mounted appurtenant structures which are expressly and exclusively intended to function as solar energy collection devices, provided that such solar energy collection devices are enclosed and screened on all nonfunctional sides by architectural devices up to a height equaling their maximum elevation.
C. 
Any portion of a level or story of a building, including but not limited to a basement or cellar, which is elevated above grade and which is designed and intended for automobile parking, provided that:
(1) 
The average elevation of the finished floor of such level or story is equal to or less than the grade of the lot upon which the building is situated; and
(2) 
Such level or story of a building is used for automobile parking or building utility or maintenance purposes only.[6]
BUSINESS ADMINISTRATOR
The Business Administrator of the City of Harrisburg.
[Ord. No. 20-1985]
BYOB CLUB or BRING YOUR OWN BOTTLE CLUB
Any business facility, such as a dance hall, club, or association not licensed by the Pennsylvania Liquor Control Board, wherein patrons 21 years of age and older may, after payment of an entry fee, cover charge or membership fee, consume alcoholic beverages which said patrons have carried onto the premises. A facility rented for a limited period of time, not to exceed 12 hours, by an individual(s) or an organization for the purpose of a private party in which alcoholic beverages are carried onto the premises shall not be considered a BYOB club under the terms of these Codified Ordinances.
[Ord. No. 15-1990]
CABARET
An adult club, restaurant, theater, hall or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or performing specified sexual activities.[7]
[Ord. No. 4-1981[8]]
CARNIVOROUS
Any meat-eating, predatory animal, wild by nature, as distinguished from the common domestic animals, whether or not such animal was bred or reared in captivity.
[Ord. No. 11-1992]
CART
A mobile unit intended to be serviced from another location. Carts are propelled by the operator to the serving location (pushed, pulled or pedaled) and may be motorized to assist movement. Goods are sold from the interior or exterior of these units.
[Ord. No. 38-1994]
CARTWAY
That portion of a highway between the curblines thereof.
[Ord. No. 128-1948/49]
CELLAR
A story or portion of a building 50% or more below the ground or grade level which shall not be considered to be a story in determining the number of stories of a building. (See also "basement.")
[Ord. No. 9-1996]
CENTER LINE OF STREET
A line formed by the points equally distant from and between the right-of-way lines of a street.
[Ord. No. 9-1996]
CENTRAL BUSINESS DISTRICT
That area in downtown Harrisburg bounded by Chestnut Street on the south, Front Street on the west, Forster Street on the north, and North Seventh to North Fourth Street on the east.
[Ord. No. 37-1990]
CENTRAL HEATING SYSTEM
A heating system permanently installed and adjusted so as to provide the distribution of heat to all habitable rooms, bathrooms and water closet compartments from a source outside said rooms.
[Ord. No. 37-1990]
CHILD-CARE CENTER
Any child-care facility licensed by the Commonwealth of Pennsylvania Department of Public Welfare where a child-care provider assumes care of 13 or more children, including those of the provider, for less than 24 hours per day.
[Ord. No. 37-1994]
CHILD-CARE FACILITY
Any person or business entity who or which provides care and supervision to children for less than 24 hours per day, with or without charge, in lieu of care and supervision normally provided by parents. This term does not include a foster care home or any institutional use, including but not limited to a drug and alcohol treatment or rehabilitation center, a halfway house, a criminal justice center, or any other rehabilitation or treatment center for juveniles.
[Ord. No. 37-1994]
CITY
When capitalized, means the City of Harrisburg, Pennsylvania.
[Ord. No. 20-1985]
CLUBHOUSE
A building housing a club or social organization not conducted for private profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe, or other public place.
[Ord. No. 112-1964]
CODE
Any title of this codification, as amended, as well as rules or regulations promulgated thereunder.
[Ord. No. 16-1994]
COLLECTION OF WATER
Water contained in ditches, pools, ponds, streams, excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels or any other containers, receptacles or devices which may hold such liquid.
[Ord. No. 22-1995]
COLLECTOR
The Tax Enforcement Administration of the City of Harrisburg or any other person or entity designated by the Mayor or City Council to collect a tax.
[Ord. No. 52-1982]
COMMERCIAL PROPERTY
Any building, structure or other facility, or any portion thereof, which is used, occupied or is intended, arranged, designed or designated to be used or occupied for the purpose of operating a business, an office, a manufacturing concern or a public accommodation and any vacant land which is offered for sale or lease or is held, intended or designated for the purpose of construction or location thereon of any such building, facility, business or public accommodation.
[Ord. No. 9-1996]
COMMERCIAL SCHOOL
Any nonresidential school which is to prepare an individual to pursue a recognized profitable occupation in commercial pursuits and business phases of other occupations.
[Ord. No. 5-1981]
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water, within a development site designed and intended for the use and enjoyment of residents of a development, not including streets, off-street parking areas or areas for public facilities. Common open space shall be substantially free of structures but may contain such improvements as are contained in the development plan as finally approved and as are appropriate for the recreation of residents.
[Ord. No. 23-1990]
COMMONWEALTH
The Commonwealth of Pennsylvania.
[Ord. No. 9-1996]
COMMUNICATION CABLE LICENSE
The license issued by the Bureau of Codes Enforcement to a person installing telecommunications equipment including telephone systems, signaling systems, computer systems, communication links, fiber optics, alarm systems or any system designed to carry information rather than electricity for the purposes of heat, power or light and to provide for the designation of those companies which are allowed to perform this work in the City of Harrisburg. Every applicant shall furnish such information as the Electrical Code Advisory and Licensing Board may require prior to issuance of a license. No test is required.
[Ord. No. 4-1994]
CONDOMINIUM
Ownership in common with others of a parcel of land and certain parts of a building thereon which could normally be used by all the occupants, together with individual ownership in fee of a particular unit or apartment in such building or on such parcel of land, and may include dwellings, offices and other types of space in commercial buildings or on property.
[Ord. No. 23-1990[9]]
CONTRACT
The ordinary and usual meaning but shall not include agreements made with other governmental agencies, associates of governmental agencies or officials, or particular officers or employees of such agencies for services related to their official positions of employment.
[Ord. No. 7-1983]
CONTRACT COMPLIANCE OFFICER
The Contract Compliance Officer in the Mayor's Office of Equal Economic Opportunity of the City of Harrisburg.
[Ord. No. 7-1983; amended 6-8-2010 by Ord. No. 5-2010]
CONTROLLED SUBSTANCE
A drug, substance, or immediate precursor, as defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, Act of April 14, 1972, P.L. 233, 35 P.S. § 780-101 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
[Ord. No. 37-1992]
COOPERATIVE
Ownership in common with others of a parcel of land and of a building or buildings thereon which would normally be used by all the occupants, together with individual rights of occupancy of a particular unit or apartment in such building or buildings or on such parcel of land, and may include dwellings, offices and other types of space in commercial buildings or on property, and where the lease, sale or exchange of a unit is subject to the agreement of the group of persons having common ownership.
[Ord. No. 23-1990]
CORPORATE COUNSEL
The Harrisburg City Solicitor.
CORPORATION
A corporation or joint-stock association organized under the laws of the United States, the Commonwealth of Pennsylvania, or any other state, territory, foreign country or dependency.
[Ord. No. 108-1966]
COUNCIL
The Council of the City of Harrisburg, Pennsylvania.
[Ord. No. 80-1960]
COUNTY
The County of Dauphin, Pennsylvania.
[Ord. No. 80-1960]
CRIMINAL ACT
Any act or acts which constitute a violation of any laws of the United States or violation of the penal laws or ordinances of the Commonwealth of Pennsylvania or the City of Harrisburg, including moving traffic violations.
[Ord. No. 30-1970]
CURVE NUMBER
Runoff curve number from NRCS TR-55 which reflects amounts of runoff based on land use and hydrological soil group.
[Ord. No. 25-1994[10]]
CUT
An excavation; the difference between a point on the original ground and a designated point of lower elevation on the final grade; or the material removed in excavation.
[Ord. No. 23-1990]
DAY-CARE INSTITUTIONS
Day-care facilities providing care for more than six adults.
[Ord. No. 37-1994]
DETACHED BUILDING
A building having no party wall in common with an adjacent building.
[Ord. No. 112-1964]
DILAPIDATED
Fallen into partial ruin or decay.
[Ord. No. 22-1995]
DIRECT ILLUMINATION
Light which shines upon a face of a sign or other structure from any source which is plainly visible from a public way.
[Ord. No. 26-1977]
DISPOSAL
Includes the storage, collection, disposal or handling of refuse.
[Ord. No. 22-1985]
DISTRICT
Any jurisdictional area of a zone as set forth in the Planning and Zoning Code, Title 7 of the Codified Ordinances of the City of Harrisburg.
[Ord. No. 9-1996]
DOMICILE
The place where one lives and has a permanent home and to which he or she has the intention of returning whenever he or she is absent. Actual residence is not necessarily domicile, for domicile is the fixed place of abode which, in the intention of the individual, is permanent rather than transitory. Domicile is the place in which a person has voluntarily fixed the habitation of himself or herself and his or her family, not for a mere special or limited purpose, but with the present intention of making a permanent home, until some event occurs to induce him or her to adopt some other permanent home. In the case of business or association, the domicile is that place considered as the center of business affairs and the place where its functions are discharged.
[Ord. No. 108-1966]
[Ord. No. 15-1994]
A. 
A rooming house as defined by this Code.
B. 
A building used as group living quarters for a student body, religious order, or other groups as an associated use to a college, university, boarding school, orphanage, convent, monastery, farm labor camp, or other similar use. Dormitories do not include kitchen facilities, except a group kitchen facility to serve all residents.
C. 
A building that is owned or operated by an educational institution whose primary purpose is to provide living accommodations for individuals associated with the institution.
[Ord. No. 9-1996]
A. 
Surface water runoff.
B. 
The removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development and the means for preserving the water supply and the prevention or alleviation of flooding.
DRAINAGE FACILITY
Any ditch, gutter, culvert, storm sewer, or other structure designed, intended, or constructed for the purpose of diverting surface water from or carrying surface water off streets, public rights-of-way, parks, recreational areas, or any part of any subdivision or contiguous land areas.
[Ord. No. 9-1996]
DRAINAGE SYSTEM
Pipes, swales, natural features and man-made improvements designed to carry drainage.
[Ord. No. 9-1996]
DWELLING
Any building, structure or single unit intended to provide complete independent living facilities for one or more persons which has permanent provisions for living, sleeping, eating, cooking, and sanitation by human occupants, but does not include hotels, boardinghouses and rooming houses.
[Ord. No. 15-1994]
DWELLING, GARDEN APARTMENT
One or more two- or three-story multifamily structures, generally built at a gross density of 10 to 15 dwelling units per acre, with each structure containing eight to 20 dwelling units per acre, and including related off-street parking, open space, and recreation. (See "dwelling, multifamily.")
[Ord. No. 9-1996]
DWELLING, MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
[Ord. No. 9-1996]
DWELLING, MULTIFAMILY
A building used by three or more families living independently of each other in dwelling units and doing their own cooking; an apartment house.
[Ord. No. 9-1996]
DWELLING, SINGLE-FAMILY ATTACHED (ROW TOWNHOUSE)
A building used by one family, having one or two party walls in common with other buildings which, in turn, have party walls in common with other buildings to form a row.
[Ord. No. 9-1996[11]]
DWELLING, SINGLE-FAMILY DETACHED
A building used by one family which has one dwelling unit and two side yards.
[Ord. No. 9-1996]
DWELLING, SINGLE-FAMILY SEMIDETACHED
A building used by one family, having one side yard and one party wall in common with another building.
[Ord. No. 9-1996]
DWELLING, TWO-FAMILY DETACHED
A building used by two families, with one dwelling unit arranged over the other, having two side yards.
[Ord. No. 9-1996]
DWELLING, TWO-FAMILY SEMIDETACHED
A building used by two families with one dwelling unit arranged over the other which has one side yard and one party wall in common with another building.
[Ord. No. 9-1996]
DWELLING UNIT
A room or group of rooms within a building which forms one habitable unit with facilities used or intended to be used for living, sleeping, sanitation, and preparation of meals and arranged for occupancy by one family.
[Ord. No. 9-1996]
EMERGENCY WORK
Any work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities or work required to protect persons or property from an imminent exposure to danger.
[Ord. No. 10-1975]
EMPLOYER
One who employs another and includes the City or any board, department, commission, authority or school district thereof, any person or any entity or organization employing four or more persons within the City. Contractors, subcontractors and independent contractors performing services within the City are also included under this definition. Any religious, fraternal, charitable or sectarian corporation or association employing four or more persons and supported in whole or in part by government appropriations shall also be included under this definition. "Employer" does not include parents, spouse or children or any number of them. "Employer" does not include religious, fraternal, charitable or sectarian corporations or associations not supported by government appropriations. "Employment" does not include the employment of individuals in domestic services.
[Ord. No. 17-1992]
ENGINEER
A professional engineer licensed and registered by the Commonwealth of Pennsylvania.
[Ord. No. 23-1990]
ENGINEER, CITY
A registered professional engineer designated by the City of Harrisburg to perform the duties of Engineer as specified by these Codified Ordinances.
[Ord. No. 23-1990]
ENGINEERING SPECIFICATIONS
The engineering specifications of the City of Harrisburg regulating the installation of any required improvement or any facility installed or constructed by an owner, developer or agent or subject to public or private use.
[Ord. No. 23-1990]
ESTABLISHMENT
Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.
[Ord. No. 81-1969]
EXTERMINATION
The control and elimination of insects, rodents and other vectors by destroying their harborage; by removing or making inaccessible materials that may serve as their food; by spraying, poisoning, fumigating, fogging, larviciding, or trapping; or by any other recognized and lawful vector control elimination method(s) approved by the local or state entity having such administrative authority.
[Ord. No. 22-1985]
[Ord. No. 15-1994]
A. 
A single individual doing his or her own cooking and living upon the premises as a separate housekeeping unit.
B. 
A nonprofit collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit having a domestic relationship based upon birth, legal marriage or other domestic bond.
C. 
A group of physically handicapped individuals, as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988, living together with a resident support staff, not to exceed eight persons including resident staff.
D. 
The definition shall not include those living in boardinghouses, rooming houses, fraternity houses, sorority houses, dormitories, or institutional uses as defined herein, and "family" may not include more than two boarders as part of the family. The term shall not include groups of persons in personal care homes or any type of institutional home or any type of home that is operated for profit. A person shall be considered to be related for purposes of these Codified Ordinances if he or she is in a dwelling for the purpose of adoption or under a foster care program.
FAMILY CHILD-CARE HOME
Any child-care facility operated as an accessory use to a primary residential use of the property where a child-care provider assumes care for six or fewer children, including those of the provider, for less than 24 hours per day.
[Ord. No. 37-1994]
FENCE
A barrier constructed of materials or planted vegetation erected for the purpose of protection, confinement, enclosure or privacy. The term "fence" shall include screening walls and shall also include hedges exceeding 30 inches in height.
[Ord. No. 9-1996]
FENCE, PRIVACY
A fence erected or constructed to block the view of the enclosed property.
[Ord. No. 9-1996]
FENCE, SECURITY
A fence erected or constructed to serve as a barrier to keep persons, animals or vehicles from entering the property.
[Ord. No. 9-1996]
FILL
Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface. It shall include the conditions resulting therefrom and the difference in elevation between a point on the original ground and a designated point of higher elevation of the final grade.
[Ord. No. 23-1990]
FINISHED GRADE
The proposed elevation of the land surface of a site after completion of all site preparation work.
[Ord. No. 23-1990]
FIRE BUREAU
The Bureau of Fire of the Department of Public Safety, City of Harrisburg, Pennsylvania.
[Ord. No. 80-1960]
FIRE CHIEF
The Chief of the Bureau of Fire of the City of Harrisburg.
[Ord. No. 23-1990]
FIRE INSPECTOR
The person(s) appointed by the Fire Chief to administer and enforce the provisions of the Fire Prevention Code of the City of Harrisburg.
[Ord. No. 9-1996]
[Ord. No. 9-1996]
A. 
A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation.
B. 
An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD-PRONE AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse. This term also means an area subject to the unusual and rapid accumulation of surface waters from any source.
[Ord. No. 9-1996]
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to proposed or existing structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
[Ord. No. 9-1996]
FLOOD PROTECTION ELEVATION, REGULATORY
That elevation which is two feet above the height of the one-hundred-year flood at a given point or location.
[Ord. No. 9-1996]
FLOODWAY
The designated area of floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this codification, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
[Ord. No. 9-1996]
FLOOR AREA
The sum of the gross area of all floors of a building measured from the face of exterior walls. The term "net floor area" shall mean the sum of the net floor area of all floors of a building, using interior dimensions less all spaces used for hallways, mechanical equipment, loft spaces and other such spaces not generally occupied for customary uses.
[Ord. No. 9-1996]
FLOOR AREA RATIO
The ratio formed by the relationship of the total enclosed gross floor area of a structure, measured in square feet, to the gross area of the site upon which the structure is situated, measured in square feet. For the purpose of the Codified Ordinances, calculation of the enclosed gross floor area of a structure shall exclude the gross floor area of a basement(s) or cellar(s), provided that:
A. 
At least 50% of the clear height of such basement or cellar is below the average grade of the lot upon which the structure is situated; and
B. 
Such basement or cellar is used for automobile parking or building utility or maintenance purposes only.
FOOD PRODUCTS
Sandwiches, ice cream, soft drinks, candy and all other articles of food or drink intended or prepared by the vendors thereof for human consumption.
[Ord. No. 38-1994]
FREESTANDING SIGN
A sign which is mounted on the top of poles or other supports, standing free from and being structurally independent of any structure or other building.
[Ord. No. 26-1977]
FRONT YARD
See "yard."
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking or consumption of food.
[Ord. No. 22-1995]
GOVERNING BODY
The City Council of the City of Harrisburg in Dauphin County, Pennsylvania.
[Ord. No. 23-1990]
GOVERNMENTAL BUILDINGS
Those buildings owned and principally used by one or more municipal, county, state or federal governments, school districts, or any authority established by a unit of government. Buildings leased or used by but not owned by a unit of government shall not be considered governmental buildings for the purpose of these Codified Ordinances. The area of the governmental buildings which is not used by the government shall be considered a separate use and shall conform to the zoning requirements for the zone in which the building is situated.
[Ord. No. 35-1985]
[Ord. No. 29-1975]
A. 
For buildings adjoining one street only, the elevation of the established curb at the center of the wall adjoining the street.
B. 
For buildings adjoining more than one street, the average of the elevations of the established curbs at the center of all walls adjoining streets.
C. 
For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. All walls approximately parallel to and not more than 15 feet from a street line are to be considered as adjoining a street.
GRADE, NEW
The resulting level of the ground after the final grading, where there is a cut, and after normal settlement where there is fill.
[Ord. No. 29-1975[12]]
GROUP CHILD-CARE HOME
Any child-care facility licensed by the Commonwealth of Pennsylvania Department of Public Welfare operated as an accessory use to a primary residential use of the property where a child-care provider assumes care of not fewer than seven nor more than 12 children, including those of the provider, for less than 24 hours per day.
[Ord. No. 37-1994[13]]
GROUP DWELLINGS
A group of two or more dwellings occupying one lot or parcel of land in one ownership and sharing the same yard, compound, service or access facility in common.
[Ord. No. 15-1994]
HABITABLE ROOM
A room or enclosed floor space used or intended to be used for living, sleeping or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, hallways, stairways, closets, basement recreation rooms and storage spaces.
[Ord. No. 9-1996]
HARBORAGE
Any place where vectors can live, nest or seek shelter.
[Ord. No. 22-1985]
HEDGE
A row of deciduous bushes or small deciduous trees planted closely together for the purpose of protection, confinement, enclosure or privacy.
[Ord. No. 9-1996]
HEIGHT OF BUILDING
The vertical distance measured from the average elevation of the proposed finished grades immediately adjacent to the front of the building to the highest point of the roof for flat roofs, the deckline of mansard roofs, and the mean height between eaves and ridge for gable, hip and gambrel roofs. If there are two or more separate roofs on a single building, the height of such building shall be calculated from the highest roof. (See "building height.")
[Ord. No. 9-1996]
HEIGHT OF SIGN
The vertical distance measured from ground level to the highest point on the sign and its supporting structure.
[Ord. No. 9-1996]
HOME BEVERAGE AND BEER VENDOR
A vendor who sells or delivers beer and/or other beverages to consumers at their dwellings or who sells said beverages at his or her place of business on a cash and carry basis.
[Ord. No. 112-1964]
HOME OCCUPATION
An accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods and/or services, and as further regulated by the provisions specified hereinafter under Title 7, Planning and Zoning Code.
[Ord. No. 26-1977]
HOME OFFICE
That portion of a dwelling unit used by the owner or resident as an office for a home occupation.
[Ord. No. 9-1996]
HOTEL
A building, or a portion thereof, arranged for and adapted to the purpose of containing guest rooms or lodgings, without individual kitchen facilities, available to transient guests for sleeping purposes in return for compensation, and in which there are provided such services as are incidental to the domestic, public, or social functions of the use thereof as a temporary accommodation for guests or for the public in general.
[Ord. No. 9-1996]
[Ord. No. 17-1992]
A. 
Any building, structure, dwelling, living quarters or other facility or portion thereof which is used or occupied, or is intended, arranged, designated or designed to be used or occupied, as a residence or sleeping place by a person, a family or a group of persons living together.
B. 
Any parcel of real property, lot or vacant land available for the construction or location thereon of one or more dwelling units.
C. 
The term "housing accommodation" does not include a building or structure containing living quarters occupied or intended to be occupied by two or fewer individuals, two or fewer groups or two or fewer families living independently of each other and used by the owner thereof as a bona fide residence for himself and as many members of his family which form his household.
IMPORT BEER OR BEVERAGE DISTRIBUTOR
A distributor of imported beer and other beverages who sells products to vendors for resale to a consumer.
[Ord. No. 112-1964]
IMPROVED PROPERTY
Any property upon which is located a building, mobile trailer unit, or other structure, whether or not attached to the land. Parking lots with surface material construction, including crushed stone, concrete and asphalt, for the purpose of providing an area for the off-street parking of vehicles shall be considered to be an improved property; provided, however, that land upon which no structures are located other than surface materials, and which is not used for any purpose, shall not be deemed to be improved property. This term shall include any property within the City upon which there shall be erected a structure from which sanitary sewage and/or industrial waste shall be discharged into the sewer system.
[Ord. No. 21-1992]
IMPROVEMENT
Any man-made, immovable item which has become part of, is placed upon, or is affixed to real estate, such as those physical additions, installations and changes required to render land suitable for the use intended, including but not limited to grading, paving, curbing, streetlights and signs, fire hydrants, water mains, electric service, gas service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts, street shade trees and improvements to existing watercourses.
[Ord. No. 23-1990]
INCIDENTAL INDIRECT ILLUMINATION
Light of a minor, casual or subordinate nature which shines upon a face of a sign or other structure from any source which is shielded from view from a public way. (See "indirect illumination.")
[Ord. No. 26-1977]
INDIRECT ILLUMINATION
Light which shines upon a face of a sign or other structure from any source which is shielded from view from a public way.
[Ord. No. 26-1977]
INDUSTRIAL ENTERPRISE
An enterprise other than a commercial or service enterprise which by its nature or size requires substantial capital and which by its nature or size has created or offers a reasonable likelihood of creating substantial employment opportunities. The term "industrial enterprise" may include manufacturing activities and research and development as well as warehouse facilities, distribution facilities, and international, national and regional headquarters facilities.
[Ord. No. 11-1987]
INFESTATION
The presence, within or around a dwelling, of any insects, rodents or other pests.
[Ord. No. 9-1996]
INSTITUTIONAL USE
An established organization or foundation dedicated to public care and/or service falling into the following classifications:
[Ord. No. 37-1994]
A. 
Includes but is not limited to dormitories, homeless shelters, orphanages, and community care facilities for handicapped individuals as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988, housing more than eight individuals including resident staff.
B. 
Includes but is not limited to hospitals, nursing homes, convalescent homes, health clinics, and treatment facilities.
C. 
Includes but is not limited to churches, synagogues, temples, rectories, and convents.
D. 
Includes but is not limited to public, parochial or private schools for primary and secondary education.
E. 
Includes but is not limited to colleges and universities.
F. 
Day-care facilities for adults and nursery schools providing care for more than six adults or children.
G. 
See definition of "child-care facility" in this section.[14]
H. 
The owner, operator or manager of a child-care facility.
I. 
See definition of "family child-care home" in this section.[15]
J. 
See definition of "group child-care home" in this section.[16]
K. 
See definition of "child-care center" in this section.[17]
LAND
Real property.
[Ord. No. 9-1996]
LAND DEVELOPMENT
As defined in Article I of the Pennsylvania Municipalities Planning Code,[18] any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features; or
B. 
A subdivision of land.
The term shall not include development which involves the conversion of an existing single-family detached dwelling into not more than three residential units, unless such units are intended to be condominiums.
LANDLORD
A person who is in the business of leasing or renting out one or more dwelling units or one or more commercial spaces on property not occupied by the owner as his/her primary residence. If the property is occupied by the owner as his/her primary residence, the leasing of more than two dwelling units or one or more commercial spaces shall mean that the owner is a landlord for purposes of this definition. For the purpose of this definition, "commercial" shall include all business uses, including but not limited to manufacturing/industrial use, retail/wholesale use, office space and provision of services.
[Added 4-14-2004 by Ord. No. 10-2004]
LANDOWNER
The legal or beneficial owner or owners of real property, including but not limited to the holder of an option or contract to purchase (whether or not such option or contract is subject to any conditions), a lessee having a remaining term of not less than 40 years, or other person having a proprietary interest in land.
[Ord. No. 9-1996]
LANDSCAPE ARCHITECT
A registered professional architect licensed as such by the Commonwealth of Pennsylvania dealing with the contour and vegetation of the land.
[Ord. No. 9-1996]
LENDING INSTITUTION
Any bank, insurance company, savings and loan association or any organization engaged in making loans, or any person or organization regularly engaged in the business of lending money, granting or extending credit or guaranteeing loans. This term includes credit rating bureaus which supply information used to determine the eligibility for such loans or credit, including but not limited to real estate mortgages and financing, or financing involving, using or otherwise relying upon real estate.
[Ord. No. 9-1996]
LICENSEE
Any person to whom a license is issued pursuant to the provisions of these Codified Ordinances.
[Ord. No. 9-1996]
LICENSE YEAR
The calendar year beginning January 1.
[Ord. No. 25-1982]
LIQUID FUEL
Any product derived from petroleum, coal, coal tar, vegetable ferments and other oils, either alone or when blended and compounded, which is practically and commercially suitable as fuel oil for industrial, commercial or residential heating purposes and which is sold by liquid or metered measurement.
[Ord. No. 6-1960]
A. 
A contiguous tract or parcel of land held in single or separate ownership not traversed by any street, the perimeter of which is in common with the boundaries of one or more properties as set forth in the valid and current deed(s) thereof, which is designated by its owner or developer as a lot; provided, however, that when applied to any nonconforming building, structure or use, "lot" shall mean only the contiguous parcel(s) of land principally occupied by said nonconforming building, structure or use when it became nonconforming.
B. 
A contiguous tract or parcel of land which is or may be occupied by a main building and its accessory uses or building, if any, together with the open space required. No part of a lot which is also a part of a public street or way, alley or lane shall be included in determining the area of the lot. A lot shall front on a public street dedicated for public use and improved to municipal standards.
LUMINOUS
Light shining from any source which is contained within the body of a sign or other structure.
[Ord. No. 9-1996]
MAINTENANCE
The work involved in keeping the conditions of grounds, structures and equipment from falling below the standards established by these Codified Ordinances or other applicable statutes, codes and ordinances.
[Ord. No. 15-1994]
MAJOR STREET
A street with a cartway not less than 33 feet in width.
[Ord. No. 112-1964]
MASSAGE
A method of treating the external parts of the human body by rubbing, stroking, kneading, pounding, or vibrating with the hands or any instrument for pay or gratuity.
[Ord. No. 4-1981]
MASSAGE BUSINESS
An establishment having a fixed place of business where massages are administered for pay or gratuity. This term shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician.
[Ord. No. 4-1981]
MAYOR
The Mayor of the City of Harrisburg.
[Ord. No. 9-1996]
MINOR CHILD
Any person under the age of 18 years.
[Ord. No. 31-1984]
MINORITY
Any person who is a member of one of the following classes:
[Ord. No. 11-1987]
A. 
All persons having origins in any of the black racial groups of Africa, the West Indies or the Caribbean Basin.
B. 
All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish cultures or origin regardless of race.
C. 
All persons having origins in any of the original peoples of the Far East, Southeast Asia and the Indian Subcontinent.[19]
D. 
All persons having origins in any of the original peoples of North American and who maintain cultural identification through tribal affiliation or community recognition.
E. 
All persons having origins in any of the original peoples of the Pacific Islands.
MOBILE HOME
Manufactured housing built on a chassis, whether or not wheels, axles, hitches or other appurtenances of mobility are removed, and regardless of the nature of the foundation required.
[Ord. No. 9-1996]
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot, or owned by the mobile home owner.
[Ord. No. 9-1996]
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
[Ord. No. 9-1996]
MONTH
A calendar month.
[Ord. No. 20-1985]
MOTEL
A building or group of buildings, either detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient vehicle travelers. This term also includes, but is not limited to, buildings designated as motor hotels, tourist homes or motor lodges, and similar structures.
[Ord. No. 15-1994]
MOTOR VEHICLE
A motor vehicle as defined in the Pennsylvania Motor Vehicle Code.[20]
[Ord. No. 10-1975]
MULTIFAMILY DWELLING
Any building containing three or more dwelling units. (See "dwelling, multifamily.")
[Ord. No. 9-1996]
MULTIPLE DWELLING
A single building containing dwelling space for three or more family units, not including row houses, groups of attached dwellings or manor-group dwellings, hotels, lodging houses or boardinghouses, hospitals or other similar institutions.
[Ord. No. 15-1994]
MUNICIPAL CLAIM
All monetary obligations, recorded or unrecorded, due the City of Harrisburg as City property taxes or for services rendered or utilities delivered to the property.
[Ord. No. 51-1979]
NIGHTCLUB
A use which is a place of amusement, similar to such uses as a bar, cocktail lounge, or restaurant, in the serving of food or drink, but distinguished from such uses by the provision of live entertainment and/or dancing facilities. "Nightclub" includes, but is not limited to, discotheques and bars with live entertainment.
[Ord. No. 26-1977]
NONCONFORMING LOT
A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision or amendment of the Zoning Code or any amendment thereto but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
[Ord. No. 9-1996]
NONCONFORMING SIGN
Any sign lawfully existing on the effective date of any ordinance, or amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.
[Ord. No. 9-1996]
NONCONFORMING STRUCTURE
A structure or portion thereof manifestly not designed to comply with the applicable building envelope provisions of the Zoning Code or any amendment thereto, where such structure lawfully existed prior to the enactment of the Zoning Code or its amendment. Nonconforming structures include, but are not limited to, those with nonconforming signs.
[Ord. No. 26-1977]
NONCONFORMING USE
A use of land or of a structure which does not comply in whole or in part with the applicable use provisions of the Zoning Code or any amendment thereto, where such use lawfully existed prior to the enactment of the Zoning Code or any amendment thereto.
[Ord. No. 26-1997]
OATH
A solemn, formal declaration or promise to fulfill a pledge, often calling upon God to witness affirmation.
[Ord. No. 16-1972[21]]
OPTIONAL CHARTER LAW
The Optional Third Class City Charter Law, Act of July 15, 1957, P.L. 901, as amended, 53 P.S. §§ 41101 to 41625.
[Ord. No. 9-1996[22]]
ORDINANCE
A law of the City duly enacted by the City Council which prescribes general, uniform and permanent rules of conduct relating to the corporate affairs of the City or prohibiting certain conduct.
[Ord. No. 9-1996]
PARK
A park, reservation, playground, recreation center or any other area in the City owned or used by the City and devoted to active or passive recreation or leisure activity.
[Ord. No. 22-1973]
PARKING LOT
The use of a lot or portion thereof for the purpose of temporary or permanent storage of vehicles. The term includes any land used principally for storage of automobiles which does not qualify as a "parking structure" as defined herein, regardless of the manner of improvements to the property. As used in the Planning and Zoning Code, the term shall be further defined as one of the following:
[Ord. No. 19-1985[23]]
A. 
A parking lot used exclusively and free of charge as an accessory parking lot.
B. 
One used in whole or part for a stated consideration and includes any land leased directly or indirectly by the owner of record to one or more others for use as, or conversion to, a parking lot, except where such lease is between the owner of record and the City, a public authority of the City, the Harrisburg Parking Authority, or the Harrisburg Redevelopment Authority, in which case said lot shall be termed a "public parking lot" as defined herein.
C. 
A parking lot owned or leased or operated by the City or a public authority of the City, the Harrisburg Parking Authority or the Harrisburg Redevelopment Authority for the purpose of providing automobile parking facilities, with or without stated consideration, for the use of the general public.
PARKING STRUCTURE
A building which encloses a space used for the principal purpose of temporary or permanent storage of automobiles and which is further subject to the regulations specified hereinafter. The term "parking structure" shall be interpreted as one and the same as the term "parking garage," and the two terms may be used interchangeably. As used in the Planning and Zoning Code, the term "parking structure" shall be further defined as one of the following:
[Ord. No. 20-1985]
A. 
A parking structure used exclusively and free of charge as an accessory parking structure.
B. 
A parking structure used in whole or in part for a stated consideration and includes any building leased by the owner of record, directly or indirectly, to one or more others for use as, or conversion to, a parking structure, except where such a lease is between the owner of record and the City, a public authority of the City, the Harrisburg Parking Authority or Harrisburg Redevelopment Authority, in which case said structure shall be termed as a "public parking structure."
C. 
A parking structure owned, leased, or operated by the City or a public authority of the City, the Harrisburg Parking Authority or the Harrisburg Redevelopment Authority for the purpose of providing automobile parking facilities with or without stated consideration for the use of the general public.
PARTY LINE SEWER
A sewer line used by more than one property.
[Ord. No. 9-1996]
PARTY WALL
A common shared wall between two separate structures, buildings or dwelling units.
[Ord. No. 9-1996]
PERSON or PERSONS
Any individual, firm, partnership, corporation, unincorporated organization, association, vendor, contractor, subcontractor, independent contractor, bidder, or prospective contractor or vendor, labor organization, the City and its legal authorities, or any organization, association, governmental entity or group, including those acting in a fiduciary, representative or trustee capacity, whether appointed by a court or otherwise. As applied to partnerships or other organizations or associations, the term includes their members, and as applied to corporations, the term includes their officers.
[Ord. No. 6-1990]
PLAN, COMPREHENSIVE
The Comprehensive Plan of the City of Harrisburg, and as further defined in the Pennsylvania Municipalities Planning Code.[24]
[Ord. No. 9-1996]
PLANNING COMMISSION
The City Planning Commission of the City of Harrisburg.
[Ord. No. 9-1996]
POLICE BUREAU
The Bureau of Police, Department of Public Safety, of the City of Harrisburg, Pennsylvania.
[Ord. No. 80-1960]
POLICE CHIEF
The Chief of the Bureau of Police, Department of Public Safety, City of Harrisburg.
[Ord. No. 9-1996]
PREMISES
When used as applicable to property, shall extend to and include land and buildings.
[Ord. No. 80-1960]
PROJECTING SIGN
A sign mounted on or hung from a support which projects at an angle from the face of a wall, and includes any sign which extends more than six inches from the face of a wall.
[Ord. No. 26-1977]
PROPERTY
Includes property real and personal and any mixed and lesser estates or interests therein; the words "personal property" shall include every kind of property except real property, and the words "real property" shall include lands, tenements, hereditaments, and rights and easements of incorporeal nature.
[Ord. No. 80-1960]
PROPERTY BOUNDARY
An imaginary line exterior to any enclosed structure, at the ground surface, which separates the real property owned by one person from that owned by another person, and its vertical extension.
[Ord. No. 10-1975]
PUBLIC HEARING
A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate. Public hearings must give notice per the requirements of the Pennsylvania Municipalities Planning Code.[25]
[Ord. No. 9-1996]
PUBLICLY OPERATED GARAGES
The parking garages owned or operated by the Harrisburg Parking Authority and located within the corporate limits of the City of Harrisburg.
[Ord. No. 37-1990]
PUBLICLY OPERATED PARKING LOTS
Those parking lots owned or operated by the Harrisburg Parking Authority and located within the corporate limits of the City of Harrisburg.
[Ord. No. 37-1990]
PUBLIC MEETING
A forum held pursuant to notice under the Act of October 15, 1998, P.L. 729, as revised, 65 Pa.C.S.A. § 701 et seq., known as the "Sunshine Act."
[Ord. No. 9-1996; amended 4-9-2013 by Ord. No. 3-2013]
PUBLIC NOTICE
A public advertisement published in a newspaper of general circulation to announce a public hearing. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.
[Ord. No. 7-1971]
PUBLIC PLACE
Any public street, highway, sidewalk, road, alley, park, playground, wharf, dock, public building or vacant lot.
[Ord. No. 81-1969]
REAL ESTATE
Real property.
[Ord. No. 9-1996]
REAL ESTATE SPECULATOR
A person who purchases blighted properties in anticipation of a substantial profit return.
[Added 7-7-2015 by Ord. No. 7-2015]
REASONABLE TIME
Means, in all cases where provision is made for an act to be done or notice to be given, such time only as may be necessary for the prompt performance of such act or giving of such notice.
[Ord. No. 80-1960]
REFRESHMENT STAND, SNACK BAR or COFFEE SHOP
An establishment offering countertop service, serving coffee, soft drinks and sandwiches heated by infrared process, serving no cooked food.
[Ord. No. 112-1964]
REFUSE
All nonhazardous solid wastes, except body wastes, and shall include garbage, ashes and rubbish.
[Ord. No. 22-1985]
REGISTRAR OF REAL ESTATE
An employee within the City of Harrisburg, Bureau of Engineering, who shall assign street addresses for parcels contained in subdivisions or land developments.
[Ord. No. 9-1996]
REHABILITATION
The physical upgrading of a building previously in a dilapidated or substandard condition for human habitation or use.
[Ord. No. 9-1996]
REMODEL
To construct an addition to, alter the design or layout of or make substantial repairs or alterations to a building.
[Ord. No. 9-1996]
RENOVATION
An act undertaken to bring a structure and its facilities into conformance with present day minimum standards of sanitation and fire and life safety.
[Ord. No. 15-1994]
RENT
A periodic payment, made by a tenant to a landlord, for the use of land, buildings, structures, or other property, or portions thereof.
[Ord. No. 9-1996]
RENTAL HOUSING
Housing occupied by a tenant paying rent to any owner, where no part of the rent is used to acquire equity in the property.
[Ord. No. 9-1996]
RESIDENCE
A building or structure wholly or partially used for living, sleeping, eating, cooking and sanitation by human occupants.
[Ord. No. 15-1990]
[Ord. No. 14-1978]
A. 
A person who owns or leases real property within a residential area and who maintains either a voting residence or bona fide occupancy, or both, at that address.
B. 
A person, partnership, association or other entity domiciled in the City of Harrisburg.
RESIDENTIAL AREA
A contiguous area containing public highways or parts thereof primarily abutted by residential property or residential and related non-business property (such as schools, parks, churches, hospitals, and nursing homes).
[Ord. No. 14-1978]
RESIDENTIAL DENSITY
The number of dwelling units per acre of residential land.
[Ord. No. 9-1996]
RESIDENTIAL HEALTH CARE FACILITY (RHCF)
Residences usually occupied by the frail elderly that provide rooms, meals, personal care, and health monitoring services under the supervision of a professional nurse and that may provide other services, such as recreational, social, and cultural activities, financial services, and transportation.
[Ord. No. 9-1996]
RESPONSIBLE CONTRACTOR
The following prescribes standards pertaining to determining whether prospective developers, contractors, and subcontractors are responsible.
[Added 5-12-2015 by Ord. No. 4-2015]
A. 
A developer, contractor, or subcontractor of every tier, including its officers, principals and agents, that:
(1) 
Has not been debarred or the subject of debarment proceedings by any federal, state or local government agency or authority.
(2) 
Has not defaulted on any project or been employed by or otherwise associated with any other entity that has been the subject of any such proceedings.
(3) 
Has not had any type of business contracting or trade license revoked or suspended by any government or quasi-governmental agency, authority or political subdivision or been employed by or otherwise associated with any other entity that has been the subject of any such proceedings.
(4) 
Has not been found in violation of any law or regulation relating to or associated with labor/management relations, occupational safety and health, descriminatory conduct, nonpayment of taxes, labor protective requirements, employee benefits or employee benefit plans, or the development or construction contracting business.
(5) 
Assures that no fewer than 70% of the workers in each trade or craft employed on any such project, that otherwise qualifies for such tax exemption or tax abatement, are graduates of an apprenticeship and training program in each trade or craft in which their services are utilized that has been in continuous existence for no fewer that five years prior to the commencement of the subject project and has continuously been registered with a state or federal government agency responsible for the oversight of such apprenticeship and training programs for the same period or otherwise deemed qualified by training, such as military service in that field.
(6) 
Assures that all workers, inevery trade or craft employed on any project that qualifies for such tax exemption and/or tax abatement, are compensated with not less than the wages and employee benefits that would be required if said project was covered by and subject to the Pennsylvania Prevailing Wage Act[26] and the regulations promulgated thereunder and that the administrative and reporting requirements of the Pennsylvania Prevailing Wage Act and the regulations promulgated thereunder are required to be applied to any such project.
RESTAURANT
An establishment where food and drink are prepared, served and consumed primarily within the principal building; a public eating place.
[Ord. No. 9-1996]
[Ord. No. 9-1996]
A. 
A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer, and other similar uses; or
B. 
The right one acquires to pass over the property of another.
ROOF SIGN
A sign or sign attachment which at any point projects above the eave line of building or structure, regardless of the manner of attachment or mounting.
[Ord. No. 26-1977]
ROOMING HOUSE
Any residential building containing space which is let by the owner or operator to three or more persons for the purpose of living and sleeping, but not for cooking or eating purposes.
[Ord. No. 14-1994]
ROOMING UNIT
Any room or group of rooms in a rooming house which form a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
[Ord. No. 9-1996]
RUBBISH
Any and all waste materials which result from the ordinary conduct of housekeeping, except garbage as defined in these Codified Ordinances and except ashes in those cases where specific provision is made relating to ashes which are the waste products of coal and other fuels used for heating or cooking purposes, and shall include but not be limited to glass, metal, paper, plant growth, wood or nonputrescible solid wastes. (See "refuse.")
[Ord. No. 22-1985]
SCREENING
A wall, fence, or continuous row of hedges or planted evergreen shrubs intended to and capable of visually obscuring the view of parked vehicles on an off-street parking lot from an adjoining property or a public right-of-way, or intended to and capable of visually separating lots or uses from one another or from a public right-of-way, and which is further subject to the regulations under the Planning and Zoning Code.
[Ord. No. 26-1977]
SEMIDETACHED BUILDING
A building having one party wall in common with an adjacent building.
[Ord. No. 112-1964]
SERVICE ESTABLISHMENTS
Businesses primarily engaged in providing assistance, as opposed to products, to individuals, business, industry, government, and other enterprises, including hotels and other lodging places; personal, business, repair, and amusement services; health, legal, engineering, and other professional services; educational services; membership organizations; and other miscellaneous services. This term includes establishments which provide tarot card readings, horoscopes, palm readings, spiritual guidance, advice or other nontangible services.
[Ord. No. 38-1994]
SET-ASIDE
The number or percentage of housing units devoted to low- and moderate-income households within an inclusionary scheme.
[Ord. No. 9-1996]
SETBACK
The distance between the building and any lot line. (See "yard.")
[Ord. No. 9-1996]
SIDEWALK
Any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians, excluding parkways.
[Ord. No. 80-1960]
SIDEWALK AREA
That portion of the right-of-way that lies between the right-of-way and curbline, regardless of whether the sidewalk exists.
[Ord. No. 9-1996]
SIGHT DISTANCE
The length of roadway visible to the driver of a passenger vehicle at any given point on the roadway.
[Ord. No. 9-1996]
SIGN
A structure, consisting of a lettered board or other conspicuous notice, placed on or about a building, room, shop, lot or office to advertise or communicate information regarding the business therein transacted, the name of the person or firm conducting it thereon, or other information intended for general public dissemination.[27]
[Ord. No. 26-1977]
SIGN, HOME OCCUPATION
A sign containing only the name and occupation of a permitted home occupation.
[Ord. No. 9-1996]
SIGN, IDENTIFICATION
A sign giving the nature, logo, trademark, or other identifying symbol, address, or any combination of the name, symbol, and address of a building, business, development, or establishment on the premises where it is located.
[Ord. No. 9-1996]
SIGN, INCIDENTAL
Any sign, banner, pennant, valance, or advertising display or sign constructed of fabric, cardboard, wallboard or other light materials, with or without a frame, intended to be displayed for a limited period of time. Such signs include, but are not limited to, the following:
[Ord. No. 9-1996]
A. 
An incidental sign advertising a public entertainment or event which is supported by a frame, ropes, cables, wires or other anchorage;
B. 
Any display of fabric without frame which moves with the movement of the wind and which advertises no product, service or entertainment. This shall not be deemed to include a flag or insignia of the United States, the Commonwealth of Pennsylvania, Dauphin County, or the municipality of the City of Harrisburg;
C. 
Any display of fabric which moves with the movement of the wind and which advertises a product, a service or an entertainment;
D. 
A sign which offers premises for sale, rent or development or advertises the services of professionals or building trades during promotional sales or events, construction or alteration of the premises upon which the sign is located; and
E. 
Any sign not permanently attached to a structure or the ground which can be easily transported to any location.[28]
SIGN, ON-SITE INFORMATIONAL
A sign commonly associated with, and not limited to, information and directions necessary or convenient for visitors to the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms, and pickup and delivery areas.
[Ord. No. 9-1996]
SIGN, REAL ESTATE
A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
[Ord. No. 9-1996]
SLOPE
The face of an embankment or cut section or any ground whose surface makes an angle with the plane of the horizon. This term is expressed in percentage based upon vertical difference in feet per 100 feet of horizontal distance.
[Ord. No. 9-1996]
SNACK SHOP
See "refreshment stand."
[Ord. No. 9-1996]
SOLID FUEL
Any anthracite, semi-anthracite, bituminous, semi-bituminous, or lignite coal, briquettes, boulets, coke, gas house coke, petroleum coke, petroleum carbon, or any other manufactured or patented fuel not sold by liquid or metered measure.
[Ord. No. 6-1960]
SPECIAL EXCEPTION
A special permit for a building, structure, use or other action regulated by the Zoning Code which is not specifically permitted by the regulations of the zone in which located but which may be authorized by the Zoning Hearing Board only if the action satisfies all applicable standards and criteria for the granting thereof.
[Ord. No. 26-1977]
SPECIALTY BOUTIQUE
A retail use specializing in a certain line or class of merchandise which is distinguished from other, similar retail uses by characteristically limited sales volume, patronage of the premises or scale of operation, and which is further distinguished by at least one of the following additional characteristics:
[Ord. No. 4-1981]
A. 
A high degree of specialization of merchandise with respect to type, design, applicability of use, or scope or inventory; or
B. 
Handcrafted, designer-created, or similar quality merchandise use.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
[Ord. No. 4-1981]
SPECIFIED SEXUAL ACTIVITIES
Human genitalia in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
[Ord. No. 4-1981]
STAFF
The technical staff of the various departments and bureaus of the City of Harrisburg.
[Ord. No. 9-1996]
STORM SEWER
A system of pipes or other conduits which carries intercepted surface runoff, street water and drainage, but not including domestic sewage and industrial wastes.
[Ord. No. 25-1994]
STORMWATER MANAGEMENT PLAN
The plan for managing stormwater runoff adopted by Dauphin County for the Paxton Creek and Spring Creek Watersheds as required by the Storm Water Management Act, Act of October 4, 1978, P.L. 864, as amended.[29]
[Ord. No. 25-1994]
STORY
That portion of any building included within the surface of any floor and the surface of the floor next above it or, if there is no floor above, then the portion within the floor and the ceiling next above it.
[Ord. No. 112-1964[30]]
STREET CARTWAY
The paved portion of a street or alley which is used by motor vehicles.
[Ord. No. 9-1996]
STREET GRADE
The officially established grade of the street upon which a lot fronts or, in its absence, the established grade of the other streets upon which the lot abuts at the midpoint of the frontage of the lot thereon. If there is not an officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
[Ord. No. 9-1996]
STREET, IMPROVED PUBLIC
Any street for which the City of Harrisburg or Commonwealth of Pennsylvania has maintenance responsibility and which is paved with an approved hardtop surface.
[Ord. No. 9-1996]
STREET or HIGHWAY
Alleys, avenues, boulevards, lanes, roads, streets, other public ways in the City, and every way or place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel. The term shall not be deemed to include a roadway or driveway upon grounds owned by private persons, colleges, universities, or other institutions.
[Ord. No. 80-1960]
STREET, PRIVATE
A legally established right-of-way, other than a public street, which provides the primary pedestrian and vehicular access to one or more lots and is constructed to the design standards contained in the Planning and Zoning Code.
[Ord. No. 9-1996]
STREET SHOULDER
The portion of the street, contiguous to the cartway, for the accommodation of stopped vehicles, for emergency parking, and for lateral support of base and surface courses of the pavement.
[Ord. No. 9-1996]
STREET TYPES
Include the following:
A. 
A major street or highway with fast or heavy traffic of considerable continuity used primarily as a traffic connector among or between large areas;
B. 
A major street or highway with fast or heavy traffic from minor streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development;
C. 
A minor street open at one end for vehicular and pedestrian access with the opposite end terminating in a vehicular turnaround;
D. 
A major street or highway which carries large volumes of traffic at comparatively high speed with access at designated points and not from abutting properties;
E. 
A minor street which is parallel and adjacent to a limited access highway or arterial street, which provides access to abutting properties and protection from through traffic; and
F. 
A street used primarily for access to abutting properties.
STREET VENDOR or VENDOR
Any individual, partnership, association, or corporation selling or offering for sale any food products, non-food products or services in or about the streets of the City from means of distribution, which may include but are not limited to carts, baskets or containers, as appropriate.
[Ord. No. 38-1994]
STRUCTURAL ALTERATION
Any change in either the supporting members of a building, such as bearing walls, columns, beams, and girders, or in the dimensions or configurations of the roof or exterior walls.
[Ord. No. 9-1996]
STRUCTURE
Any man-made object constructed or erected, including but not limited to buildings, walls, poles and platforms, including partial and incomplete buildings; provided, however, that it shall not include utility poles or traffic signs.
[Ord. No. 32-1994]
[Ord. No. 9-1996]
A. 
The workshop of an artist, sculptor, photographer, or craftsman;
B. 
A place for radio or television production; or
C. 
A place where movies are produced.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
[Ord. No. 9-1996]
SUBSTANTIAL REHABILITATION
Includes:
[Ord. No. 9-1996]
A. 
The conversion of any structure from one use to another (i.e., commercial to residential);
B. 
The rehabilitation of a building to such an extent that the density is increased by more than 50%; or
C. 
The rehabilitation of a building that has been vacant for not less than 18 consecutive months.
SUNSHINE ACT
The Act of October 15, 1998, P.L. 729, as amended, 65 Pa.C.S.A. § 701 et seq.
[Ord. No. 9-1996[31]]
SUPPLIED
Installed, furnished or provided for, by or under the control of the owner or operator.
[Ord. No. 9-1996]
SURVEYOR, PROFESSIONAL LAND
An individual licensed and registered under the laws of this commonwealth to engage in the practice of land surveying. A professional land surveyor may perform engineering land surveys but may not practice any other branch of engineering.
[Ord. No. 9-1996]
TAVERN
A business selling food and alcoholic beverages for consumption on the premises and duly licensed by the Commonwealth of Pennsylvania.
[Ord. No. 9-1996]
TAXPAYER
A person, partnership, association or any entity required to file a return or subject to the payment of any tax imposed by law.
[Ord. No. 31-1982]
TENANT
As applied to a building or land, any person holding a written or oral lease or who occupies the whole or any part of a building or land, alone or with others.
[Ord. No. 80-1960]
THIRD CLASS CODE
The Third Class City Code, Act of June 28, 1951, P.L. 662, as amended, 53 P.S. § 35101 et seq.
[Ord. No. 80-1960]
TRAFFIC CONTROL DEVICE
Any sign, signal, markings and other instruments, not inconsistent with the Traffic Code, placed or erected as provided, or any temporary warning signs placed by authority of recognized agencies, for the purpose of guiding, directing, safeguarding, warning or regulating traffic.
[Ord. No. 138-1959]
TREASURER
The Treasurer of the City of Harrisburg.
[Ord. No. 31-1982]
USE
Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on in a building or other structure on a tract of land.
[Ord. No. 9-1996]
USE, ACCESSORY
A subordinate use of land, buildings and structures customarily incidental to and located on the same lot occupied by the main use. Accessory uses shall include, but are not limited to, a private garage, greenhouse, home office, home occupation, storage shed, and air-inflated structure. This term does not include a swimming pool or a private recreation facility, except where specifically authorized within a zoning district.
[Ord. No. 9-1996]
USE, AUTHORIZED
A use authorized as a use by right, an accessory use, conditional use or use by special exception within a zoning district.
[Ord. No. 9-1996]
USE BY RIGHT
A use authorized within the zoning district.
[Ord. No. 9-1996]
USE, CONDITIONAL
A use authorized by City Council subject to conditions as set forth within the Planning and Zoning Code.
[Ord. No. 9-1996]
USE, SPECIAL EXCEPTION
The authorization granted by the Zoning Hearing Board with respect to certain specific uses designated in the Planning and Zoning Code.
[Ord. No. 9-1996]
[Ord. No. 9-1996]
A. 
Any agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service.
B. 
A closely regulated private enterprise with an exclusive franchise for providing a public service.
VARIANCE
The authorization which may be granted by the Zoning Hearing Board for certain deviations from the requirements of the Planning and Zoning Code.
[Ord. No. 9-1996]
VECTOR
A rodent arthropod or insect capable of transmitting disease or infection. Vectors include, but are not limited to, rats, mosquitoes, cockroaches, flies and ticks.
[Ord. No. 22-1985]
VECTOR-PROOFING
A form of construction to prevent the ingress or egress of vectors to or from a given space or building or to prevent the gaining of access to food, water or harborage. This term shall include, but is not limited to, rat-proofing, fly-proofing, and mosquito-proofing.
[Ord. No. 22-1985]
VEHICLE CODE
The Vehicle Code of the Commonwealth of Pennsylvania, Act of June 17, 1976, P.L. 162, as amended, 75 Pa.C.S.A. § 101 et seq.
[Ord. No. 138-1959]
VETERINARIAN
A doctor of veterinary medicine who has graduated from an accredited and recognized school of veterinary medicine and possesses a license from the commonwealth to practice veterinary medicine.
[Ord. No. 11-1992]
VICIOUS OR DANGEROUS ANIMAL
Any animal that constitutes a physical threat to human beings, animals or livestock; any animal which has a disposition or propensity to cause injury to human beings, animals, or livestock, regardless of whether or not such behavior is hostile; any animal which has, without provocation, bitten, attacked or inflicted injury on any human being on public or private property; or any animal which has been used in the commission of a crime.
[Ord. No. 11-1992]
VOCATIONAL SCHOOL
Any nonresidential school, the purpose of which is to prepare an individual to pursue a recognized profitable occupation in the skilled trades or industries or to give occupational training.
[Ord. No. 5-1981]
WAREHOUSE
Buildings used primarily for the storage of goods and materials.
[Ord. No. 9-1996]
WILD ANIMAL
Any poisonous animal and any reptile in excess of five feet in length, any bird, or any non-human primate (monkey, etc.), raccoon, skunk, fox, leopard, panther, tiger, lion, lynx, or any other warm-blooded animal which can normally be found in the wild state.
[Ord. No. 11-1992]
WINDOW OR DOOR SIGN
A sign consisting only of individual lettering or symbols which are painted on or attached to the surface of a glass pane of any window or door and which are not luminous or illuminated.
[Ord. No. 26-1977]
WRITTEN or IN WRITING
Includes any representation of words, letters, or figures, by printing or otherwise.
[Ord. No. 80-1960]
YARD
An open space between a lot line or street line and the facing wall of a building on the same lot, unoccupied except for driveways, landscaping or fences.
[Ord. No. 32-1994]
YARD, REQUIRED
A yard between a lot line and the building line of the dimensions required by the Planning and Zoning Code.
[Ord. No. 9-1996]
YARD, REQUIRED FRONT
A yard across the full width of the lot extending from the front lot line to the front building line, as required by the Planning and Zoning Code.
[Ord. No. 9-1996]
YARD, REQUIRED REAR
A yard across the full width of the lot extending from the rear lot line to the rear building line, as required by the Planning and Zoning Code.
[Ord. No. 9-1996]
YARD, REQUIRED SIDE
A yard between the required front and rear yards, extending from the side line of the lot to the side building lines, as required by the Planning and Zoning Code.
[Ord. No. 9-1996]
[1]
Editor's Note: The wording "Capitalization designates words and/or phrases found elsewhere in the Glossary" which appeared at the beginning of this section was deleted and the new lead-in wording was added at time of adoption of Code (see Ch. 1-303).
[2]
Editor's Note: The definition of "accessory use" which immediately followed this definition and derived from Ord. No. 19-1985 was repealed at time of adoption of Code (see Ch. 1-303). See the definition of "use, accessory" in this section.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[4]
Editor's Note: The definition of "authority" which immediately followed this definition and derived from Ord. No. 80-1960 was repealed at time of adoption of Code (see Ch. 1-303). See § 1-301.3A.
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[6]
Editor's Note: The definition of "business" which immediately followed this definition and derived from Ord. No. 31-1982 was repealed 11-13-2001 by Ord. No. 21-2001.
[7]
Editor's Note: The definition of "calendar" which immediately followed this definition and derived from Ord. No. 80-1960 was repealed at time of adoption of Code (see Ch. 1-303). See § 1-301.3C.
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[9]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[10]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[11]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[12]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[13]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[14]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[15]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[16]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[17]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[18]
Editor's Note: See 53 P.S. § 10107.
[19]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[20]
Editor's Note: See 75 Pa.C.S.A. § 102.
[21]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[22]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[23]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[24]
Editor's Note: See 53 P.S. § 10101 et seq.
[25]
Editor's Note: See 53 P.S. § 10101 et seq.
[26]
Editor's Note: See 43 P.S. § 165-1 et seq.
[27]
Editor's Note: The definition of "sign, freestanding" which immediately followed this definition and derived from Ord. No. 9-1996 was repealed at time of adoption of Code (see Ch. 1-303). See the definition of "freestanding sign" in this section.
[28]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[29]
Editor's Note: See 32 P.S. § 680.1 et seq. and Chs. 9-901 to 9-915 of this Code.
[30]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
[31]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).