[HISTORY: Adopted by the City Council of the City of Harrisburg
as indicated in text. Amendments noted where applicable.]
As used in these Codified Ordinances, unless otherwise expressly
stated or clearly indicated by the context, the following terms shall
have the meanings indicated:
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]
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]
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]
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]]
Includes but is not limited to adult bookstores, adult mini
motion-picture theaters, adult motion-picture theaters and massage
businesses.
[Ord. No. 4-1981]
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]
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]
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]
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]
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]
A dwelling unit within a multifamily dwelling unit structure
with a minimum floor area of 400 square feet.
[Ord. No. 112-1964]
Approved pursuant to or in accordance with any applicable
statute, ordinance or regulations governing the subject matter.
[Ord. No. 9-1996]
The visible, functional or ornamental objects accessory to
and part of buildings or real property.
[Ord. No. 9-1996]
A registered professional architect licensed as such by the
Commonwealth of Pennsylvania.[4]
[Ord. No. 9-1996]
Includes any device which permits, at a minimum, audio communication
between individuals.
[Added 3-8-2022 by Bill No. 1-2022]
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]]
A draft or drafts of a proposed ordinance from its introduction
before Council through final vote thereon.
[Ord. No. 9-1996]
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]
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]
A person who pays consideration for residence in a dwelling,
which residence is not a condition of employment in such dwelling.
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]
Any condition which provides the necessary environment for
the birth or hatching of vectors.
[Ord. No. 22-1995]
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]
The Harrisburg Building Code as amended, which is codified in Chapter 8-101.
[Ord. No. 9-1996]
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]
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:
Roof-mounted appurtenant structures such as mechanical installations,
utility penthouses or elevator overruns, provided that:
Such roof-mounted appurtenant structures cover no more than
33Â 1/3% of the total roof area; and
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.
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.
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:
The Business Administrator of the City of Harrisburg.
[Ord. No. 20-1985]
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]
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]
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]
That portion of a highway between the curblines thereof.
[Ord. No. 128-1948/49]
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]
A line formed by the points equally distant from and between
the right-of-way lines of a street.
[Ord. No. 9-1996]
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]
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]
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]
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]
When capitalized, means the City of Harrisburg, Pennsylvania.
[Ord. No. 20-1985]
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]
Any title of this codification, as amended, as well as rules
or regulations promulgated thereunder.
[Ord. No. 16-1994]
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]
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]
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]
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]
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]
The Commonwealth of Pennsylvania.
[Ord. No. 9-1996]
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]
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]]
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]
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]
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]
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]
The Harrisburg City Solicitor.
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]
The Council of the City of Harrisburg, Pennsylvania.
[Ord. No. 80-1960]
The County of Dauphin, Pennsylvania.
[Ord. No. 80-1960]
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]
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]]
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 facilities providing care for more than six adults.
[Ord. No. 37-1994]
A building having no party wall in common with an adjacent
building.
[Ord. No. 112-1964]
Fallen into partial ruin or decay.
[Ord. No. 22-1995]
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]
Includes the storage, collection, disposal or handling of
refuse.
[Ord. No. 22-1985]
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]
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 rooming house as defined by this Code.
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.
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]
Surface water runoff.
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.
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]
Pipes, swales, natural features and man-made improvements
designed to carry drainage.
[Ord. No. 9-1996]
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]
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]
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]
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]
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]]
A building used by one family which has one dwelling unit
and two side yards.
[Ord. No. 9-1996]
A building used by one family, having one side yard and one
party wall in common with another building.
[Ord. No. 9-1996]
A building used by two families, with one dwelling unit arranged
over the other, having two side yards.
[Ord. No. 9-1996]
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]
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]
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]
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]
A professional engineer licensed and registered by the Commonwealth
of Pennsylvania.
[Ord. No. 23-1990]
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]
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]
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]
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 single individual doing his or her own cooking and living
upon the premises as a separate housekeeping unit.
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.
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.
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.
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]
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]
A fence erected or constructed to block the view of the enclosed
property.
[Ord. No. 9-1996]
A fence erected or constructed to serve as a barrier to keep
persons, animals or vehicles from entering the property.
[Ord. No. 9-1996]
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]
The proposed elevation of the land surface of a site after
completion of all site preparation work.
[Ord. No. 23-1990]
The Bureau of Fire of the Department of Public Safety, City
of Harrisburg, Pennsylvania.
[Ord. No. 80-1960]
The Chief of the Bureau of Fire of the City of Harrisburg.
[Ord. No. 23-1990]
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 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]
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]
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]
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]
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]
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:
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]
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]
See "yard."
The animal and vegetable waste resulting from the handling,
preparation, cooking or consumption of food.
[Ord. No. 22-1995]
The City Council of the City of Harrisburg in Dauphin County,
Pennsylvania.
[Ord. No. 23-1990]
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]
For buildings adjoining one street only, the elevation of the
established curb at the center of the wall adjoining the street.
For buildings adjoining more than one street, the average of
the elevations of the established curbs at the center of all walls
adjoining streets.
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.
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]]
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]]
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]
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]
Any place where vectors can live, nest or seek shelter.
[Ord. No. 22-1985]
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]
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]
The vertical distance measured from ground level to the highest
point on the sign and its supporting structure.
[Ord. No. 9-1996]
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]
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]
That portion of a dwelling unit used by the owner or resident
as an office for a home occupation.
[Ord. No. 9-1996]
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]
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.
Any parcel of real property, lot or vacant land available for
the construction or location thereon of one or more dwelling units.
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.
A distributor of imported beer and other beverages who sells
products to vendors for resale to a consumer.
[Ord. No. 112-1964]
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]
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]
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]
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]
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]
The presence, within or around a dwelling, of any insects,
rodents or other pests.
[Ord. No. 9-1996]
An established organization or foundation dedicated to public
care and/or service falling into the following classifications:
[Ord. No. 37-1994]
RESIDENTIAL INSTITUTIONSIncludes 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.
HEALTH CARE INSTITUTIONSIncludes but is not limited to hospitals, nursing homes, convalescent homes, health clinics, and treatment facilities.
RELIGIOUS INSTITUTIONSIncludes but is not limited to churches, synagogues, temples, rectories, and convents.
PRIMARY AND SECONDARY EDUCATIONAL INSTITUTIONSIncludes but is not limited to public, parochial or private schools for primary and secondary education.
POST-SECONDARY EDUCATIONAL INSTITUTIONSIncludes but is not limited to colleges and universities.
DAY-CARE INSTITUTIONSDay-care facilities for adults and nursery schools providing care for more than six adults or children.
CHILD-CARE FACILITYSee definition of "child-care facility" in this section.[14]
CHILD-CARE PROVIDERThe owner, operator or manager of a child-care facility.
FAMILY CHILD-CARE HOMESee definition of "family child-care home" in this section.[15]
GROUP CHILD-CARE HOMESee definition of "group child-care home" in this section.[16]
CHILD-CARE CENTERSee definition of "child-care center" in this section.[17]
Real property.
[Ord. No. 9-1996]
As defined in Article I of the Pennsylvania Municipalities
Planning Code,[18] any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
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
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
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.
|
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]
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]
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]
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]
Any person to whom a license is issued pursuant to the provisions
of these Codified Ordinances.
[Ord. No. 9-1996]
The calendar year beginning January 1.
[Ord. No. 25-1982]
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 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.
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.
Light shining from any source which is contained within the
body of a sign or other structure.
[Ord. No. 9-1996]
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]
A street with a cartway not less than 33 feet in width.
[Ord. No. 112-1964]
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]
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]
The Mayor of the City of Harrisburg.
[Ord. No. 9-1996]
Any person under the age of 18 years.
[Ord. No. 31-1984]
Any person who is a member of one of the following classes:
[Ord. No. 11-1987]
AFRICAN AMERICANAll persons having origins in any of the black racial groups of Africa, the West Indies or the Caribbean Basin.
HISPANIC AMERICANAll persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish cultures or origin regardless of race.
ASIAN AMERICANAll persons having origins in any of the original peoples of the Far East, Southeast Asia and the Indian Subcontinent.[19]
AMERICAN INDIANAll persons having origins in any of the original peoples of North American and who maintain cultural identification through tribal affiliation or community recognition.
AMERICAN ALEUTAll persons having origins in any of the original peoples of the Pacific Islands.
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]
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]
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]
A calendar month.
[Ord. No. 20-1985]
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]
A motor vehicle as defined in the Pennsylvania Motor Vehicle
Code.[20]
[Ord. No. 10-1975]
Any building containing three or more dwelling units. (See
"dwelling, multifamily.")
[Ord. No. 9-1996]
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]
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]
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]
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]
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]
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]
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]
A solemn, formal declaration or promise to fulfill a pledge,
often calling upon God to witness affirmation.
[Ord. No. 16-1972[21]]
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]]
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]
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]
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]]
PRIVATE PARKING LOTA parking lot used exclusively and free of charge as an accessory parking lot.
COMMERCIAL PARKING LOTOne 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.
PUBLIC PARKING LOTA 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.
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]
PRIVATE PARKING STRUCTUREA parking structure used exclusively and free of charge as an accessory parking structure.
COMMERCIAL PARKING STRUCTUREA 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."
PUBLIC PARKING STRUCTUREA 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.
A sewer line used by more than one property.
[Ord. No. 9-1996]
A common shared wall between two separate structures, buildings
or dwelling units.
[Ord. No. 9-1996]
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]
The Comprehensive Plan of the City of Harrisburg, and as
further defined in the Pennsylvania Municipalities Planning Code.[24]
[Ord. No. 9-1996]
The City Planning Commission of the City of Harrisburg.
[Ord. No. 9-1996]
The Bureau of Police, Department of Public Safety, of the
City of Harrisburg, Pennsylvania.
[Ord. No. 80-1960]
The Chief of the Bureau of Police, Department of Public Safety,
City of Harrisburg.
[Ord. No. 9-1996]
When used as applicable to property, shall extend to and
include land and buildings.
[Ord. No. 80-1960]
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]
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]
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]
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]
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]
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]
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]
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]
Any public street, highway, sidewalk, road, alley, park,
playground, wharf, dock, public building or vacant lot.
[Ord. No. 81-1969]
Real property.
[Ord. No. 9-1996]
A person who purchases blighted properties in anticipation
of a substantial profit return.
[Added 7-7-2015 by Ord.
No. 7-2015]
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]
An establishment offering countertop service, serving coffee,
soft drinks and sandwiches heated by infrared process, serving no
cooked food.
[Ord. No. 112-1964]
All nonhazardous solid wastes, except body wastes, and shall
include garbage, ashes and rubbish.
[Ord. No. 22-1985]
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]
The physical upgrading of a building previously in a dilapidated
or substandard condition for human habitation or use.
[Ord. No. 9-1996]
To construct an addition to, alter the design or layout of
or make substantial repairs or alterations to a building.
[Ord. No. 9-1996]
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]
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]
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]
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 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]
The number of dwelling units per acre of residential land.
[Ord. No. 9-1996]
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]
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 developer, contractor, or subcontractor of every tier, including
its officers, principals and agents, that:
Has not been debarred or the subject of debarment proceedings
by any federal, state or local government agency or authority.
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.
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.
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.
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.
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.
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 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
The right one acquires to pass over the property of another.
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]
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]
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]
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]
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]
A building having one party wall in common with an adjacent
building.
[Ord. No. 112-1964]
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]
The number or percentage of housing units devoted to low-
and moderate-income households within an inclusionary scheme.
[Ord. No. 9-1996]
The distance between the building and any lot line. (See
"yard.")
[Ord. No. 9-1996]
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]
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]
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway.
[Ord. No. 9-1996]
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]
A sign containing only the name and occupation of a permitted
home occupation.
[Ord. No. 9-1996]
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]
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]
BANNERAn incidental sign advertising a public entertainment or event which is supported by a frame, ropes, cables, wires or other anchorage;
FLAGAny 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;
PENNANTAny display of fabric which moves with the movement of the wind and which advertises a product, a service or an entertainment;
TEMPORARY EXTERIOR SIGNA 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
TEMPORARY SIGNAny sign not permanently attached to a structure or the ground which can be easily transported to any location.[28]
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]
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]
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]
See "refreshment stand."
[Ord. No. 9-1996]
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]
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]
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]
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]
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]
The technical staff of the various departments and bureaus
of the City of Harrisburg.
[Ord. No. 9-1996]
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]
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]
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]]
The paved portion of a street or alley which is used by motor
vehicles.
[Ord. No. 9-1996]
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]
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]
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]
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]
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]
Include the following:
ARTERIAL STREETA major street or highway with fast or heavy traffic of considerable continuity used primarily as a traffic connector among or between large areas;
COLLECTOR STREETA 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;
CUL-DE-SACA minor street open at one end for vehicular and pedestrian access with the opposite end terminating in a vehicular turnaround;
LIMITED ACCESS HIGHWAYA major street or highway which carries large volumes of traffic at comparatively high speed with access at designated points and not from abutting properties;
MARGINAL ACCESS STREETA 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
MINOR STREETA street used primarily for access to abutting properties.
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]
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]
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]
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]
Includes:
[Ord. No. 9-1996]
The Act of October 15, 1998, P.L. 729, as amended, 65 Pa.C.S.A.
§ 701 et seq.
[Ord. No. 9-1996[31]]
Installed, furnished or provided for, by or under the control
of the owner or operator.
[Ord. No. 9-1996]
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]
A business selling food and alcoholic beverages for consumption
on the premises and duly licensed by the Commonwealth of Pennsylvania.
[Ord. No. 9-1996]
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]
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]
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]
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]
The Treasurer of the City of Harrisburg.
[Ord. No. 31-1982]
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]
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]
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]
A use authorized within the zoning district.
[Ord. No. 9-1996]
A use authorized by City Council subject to conditions as
set forth within the Planning and Zoning Code.
[Ord. No. 9-1996]
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]
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.
A closely regulated private enterprise with an exclusive franchise
for providing a public service.
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]
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]
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]
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]
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]
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]
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]
Buildings used primarily for the storage of goods and materials.
[Ord. No. 9-1996]
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]
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]
Includes any representation of words, letters, or figures,
by printing or otherwise.
[Ord. No. 80-1960]
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]
A yard between a lot line and the building line of the dimensions
required by the Planning and Zoning Code.
[Ord. No. 9-1996]
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]
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]
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.
[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.
[18]
Editor's Note: See 53 P.S. § 10107.
[20]
Editor's Note: See 75 Pa.C.S.A. § 102.
[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.
