[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 15-1934. Amendments noted where applicable.]
Restrictions on storage of flammable liquids: see Ch. 3-903.
No person, firm or corporation shall build, erect, construct, reconstruct, install, extend, or enlarge any gasoline filling station or appurtenances thereto, or tanks or containers thereon, or store or sell gasoline and other motor fuels, oils or similar products without a special permit granted therefor. Such special permit shall be in addition to the regular permit required by the Building Code of the City.
The application for such special permit shall be in writing on such forms as may be prescribed or approved by the Codes Administrator and signed by the owner or authorized agent of the premises. It shall be accompanied by a plan, drawn to scale, showing the plot proposed to be used, the location, size and grades of the entrances thereto, and the location of all streets and highways within 300 feet thereof, and the location of the proposed buildings, pumps, tanks and other appliances thereon, including air service, if any, none of which shall be within the lines of any public highway. All applications, together with the accompanying plan, shall be filed in triplicate and accompanied by a special fee of $25, which fee shall not be returned if the application is refused. In addition, the applicant shall furnish such other and further information as the Codes Administrator may require.
[Ord. No. 80-1935]
No special permit shall be granted for any such station or installation if any part of the service or business thereof is proposed to be carried on or conducted within the lines of any public highway, or if any portion of the plot so to be used is within 100 feet of any City-maintained park or playground, including River Front Park, or within 50 feet of any church, school or hospital, or if any entrance thereto, measured along or across a public highway, is within 100 feet of any public entrance to any church, school or hospital, or if the location thereof is within a strictly residential district, or where, by other reasons such as traffic conditions or fire or explosive hazards, the operation of such station or installation would interfere with public safety. However, for any such station or installation within 50 feet of any church, school or hospital, or if any entrance to such station or installation measured along or across any public highway is within 100 feet of any public entrance to any church, school or hospital, the special permit may be granted if such church, school or hospital, by appropriate action, duly evidences its consent thereto.
Any applicant refused such special permit by the Codes Administrator may, within five days from such refusal, appeal from such refusal to Council, which shall sit as a special board of review in open session and which may sustain, modify or reverse the action of the Codes Administrator.
Any station, building, appliance, tank or structure installed, constructed, or erected without having first obtained such permit is declared to be a public nuisance, and its use or operation is directed to be abated by the police authorities of the City, or, upon certificate of the Codes Administrator, proceedings may be instituted in any court of competent jurisdiction for any injunction to enjoin and restrain the owner, lessees or any other persons from such use.
The requirements and provisions of this chapter are supplemental and additional to the provisions of the Building Code of the City and to any other ordinance, rule or regulation concerning the installation of tanks, pumps and other filling devices. In all matters and things not herein expressly controlled or modified as to the practice, procedure or powers of the Codes Administrator, the provisions of the Building Code of the City shall apply.
Any person who violates the provisions of this chapter shall be subject to the general code penalty, § 1-301.99 of these Codified Ordinances.