[HISTORY: Adopted by the City Council of the City of Harrisburg 7-8-2014 by Ord. No. 5-2014.[1] Amendments noted where applicable.]
CROSS REFERENCES
Appeals from Zoning Hearing Board — see Pennsylvania
Municipalities Planning Code §§ 1001-A to 1006-A, 53
P.S. §§ 11001-A to 11006-A.
Appointment and powers of Zoning Officer — see
Pennsylvania Municipalities Planning Code § 614, 53 P.S.
§ 10614.
Building permits — see Chapter 8-101.
Enforcement remedies — see Pennsylvania Municipalities
Planning Code § 617.2.
Sign regulations — see Chapter 7-325.
Nonconforming uses and structures — see Chapter 7-321.
Special exceptions and variances — see Chapter 7-323.
[1]
Editor's Note: This ordinance also repealed former Part Three,
7-300, composed of Ord. Nos. 112-1964, 17-1965, 79-1965, 13-1974,
29-1974, 30-1974, 13-1977, 26-1977, 19-1985, 6-1988, 25-1993, 26-1995,
10-1996, 61-1996 and 3-2012, as amended.
The purpose of this chapter is to describe the responsibilities
of the Zoning Officer, the process for approval of zoning permits,
the procedures to amend the Zoning Code, enforcement provisions, and
other related items.
This chapter applies to all requests for construction or expansion
of buildings or structures, including parking and signs, and requests
for a change of use in the City of Harrisburg. Any activity regulated
by the Zoning Code shall only occur in conformity with the regulations
of the Zoning Code.
The provisions of this Zoning Code, as amended from time to
time, shall be interpreted as the minimum requirements to promote
public health, safety, morals, and general welfare. Where more than
one provision of this Zoning Code controls a particular matter, the
provision that is more restrictive upon uses and structures shall
apply. The provisions of this Zoning Code are in addition to any other
applicable City ordinance. Any activity regulated by this Zoning Code
shall only occur in such a way that conforms to the regulations of
this Zoning Code. All applicants are presumed to be on notice regarding
the requirements of this Code and any amendments thereto.
The City of Harrisburg complies with the Federal Fair Housing
Act, as amended, and will ensure that policies and regulations do
not discriminate against persons on the basis of race, color, religion,
national origin, disability, or family status. The City shall grant
requests for reasonable accommodation if such requests provide equal
housing opportunity to persons with disabilities and do not constitute
substantial changes of the Zoning Code. Written requests for reasonable
accommodation shall be submitted to the Zoning Officer. Requests for
reasonable accommodation will be treated as administrative decisions.
The Zoning Officer will provide a written response to the request
within 30 days unless additional information is requested by the Zoning
Officer.
A.
The provisions of this Zoning Code shall be administered and enforced
by the Zoning Officer, who shall be appointed by the Mayor after meeting
the qualifications established by the City for the Zoning Officer.
The Zoning Officer shall not hold any elective office within the City
but may hold other appointed offices. In the case of the absence of
the Zoning Officer, the Deputy Director for Planning will be the Acting
Zoning Officer.
B.
The duties of the Zoning Officer(s) shall be:
(1)
To be responsible for keeping the Zoning Code and the Official
Zoning Map up to date, including any amendments to the Zoning Code;
(2)
Administer the Zoning Code according to its literal term, including
receiving and examining all applications required under the terms
of this Zoning Code and issuing or refusing to issue permits within
the provisions of this Zoning Code;
(3)
Conduct inspections to determine compliance and receive complaints
of violation of this Zoning Code. In determining compliance with this
Zoning Code, the Zoning Officer shall have the right to enter property
or structures at a reasonable hour in the course of his/her duties,
within the limitations of the law;
(4)
Keep records of applications, permits, certificates, written
decisions, special exceptions, and variances granted by the Zoning
Hearing Board, and of enforcement orders, with all such records being
the property of the City and being available for public inspection;
(5)
Review proposed subdivision and land development plans for compliance
with this Zoning Code;
(6)
Determine the date before which steps for compliance must be
commenced and the date before which the steps must be completed. The
Zoning Officer shall determine an appropriate duration of time for
compliance of the specified activity; not to exceed 30 days. Extensions
up to a total of 90 days from the date of receipt of the enforcement
notice may be granted at the discretion of the Zoning Officer if applied
for in writing;
(8)
Issue informal letters requesting compliance, issue stop, cease,
and desist orders, issue enforcement notices, and initiate such other
enforcement actions as provided by the Pennsylvania Municipalities
Planning Code, as amended;
(9)
Carry out determinations on nonconforming uses, provide forms
for registration of nonconforming uses, and keep updated records of
nonconforming uses;
(10)
Determine the literal meaning of provisions of this Zoning Code, within the provisions of Chapter 7-333, Definitions;
(11)
Make such other determinations as are specified in this Zoning
Code; and
(12)
Have no power to permit any activity which does not conform
to this Zoning Code.
A.
The Zoning Officer shall review and issue zoning permits based on
the type of use, as described below:
(1)
Permitted by right use. The Zoning Officer shall issue a zoning
permit for a use that is permitted by right if it meets all of the
requirements of the Zoning Code.
(2)
Special exception. The Zoning Officer shall issue a zoning permit
for a use that is permitted by special exception only in response
to a written approval from the Zoning Hearing Board, following a hearing,
and compliance with any conditions by the Zoning Hearing Board and
any conditions of the Zoning Code.
(3)
Variance. The Zoning Officer shall issue a zoning permit for
a variance requesting relief from specific development standards only
in response to a written approval from the Zoning Hearing Board, following
a hearing, and compliance with any conditions by the Zoning Hearing
Board and any conditions of the Zoning Code.
A.
A zoning permit shall be obtained from the Zoning Officer prior to
any or all of the following:
(1)
Construction, erection, reconstruction, expansion or enlargement
of any structure or portion thereof when such activity is reasonably
valued at or greater than $1,000 or any other amount established by
City Council;
(2)
Any change or expansion of the use of any structure or any land,
including but not limited to the conversion, improvement, or use of
land for parking purposes;
B.
All requests for zoning permits required under this Code shall:
(1)
Be made in writing by the owner or lessee of any building, structure,
or parcel, or by an authorized agent on forms provided by the City;
provided, however, that if the application is made by a person other
than the owner or lessee, it shall be accompanied by a written authorization
of the owner or the qualified person making the application, that
the proposed work is authorized by the owner. The full names, mailing
addresses, phone numbers, and e-mail addresses of the owner, lessee,
applicant, and of the responsible officers, if the owner or lessee
is a corporate body, shall be stated in the application;
(2)
Include a statement of the existing use and proposed use of
the land and/or structure;
(3)
Be accompanied by two copies of a site plan, drawn to scale,
showing:
(a)
Boundaries and dimensions of the lot, including boundaries of
individual tax parcels located on the lot;
(b)
Location, height, and dimensions of existing and proposed structures,
including existing and proposed parking, with existing structures,
expansion of structures, and proposed new structures being clearly
distinguished;
(c)
For a change of use, the portion(s) of the structure or land
affected by the change of use;
(d)
A North arrow;
(e)
Names of adjacent streets; and
(f)
Existing and proposed landscaping.
(4)
Copies of applicable permits and appropriate approvals from
other agencies of government, or copies of completed applications
for such permits or approvals; and
(5)
Such additional information as the Zoning Officer deems necessary
to determine compliance with this Code.
C.
Plans for the use or improvement of land for new or expanded parking facilities shall fully describe surface water drainage facilities, driveways, and the other requirements relative thereto as set forth in Chapter 7-327, Off-Street Parking and Loading.
D.
A zoning permit shall only authorize the construction, type of use,
and/or other activity stated on such permit although application for
the same may be included on the building permit application form.
However, a zoning permit shall not by itself authorize the occupancy
of any new structure, nor shall it authorize the activation of any
new or changed use.
E.
In response to a complete, accurate, and duly submitted application,
the Zoning Officer shall determine if the proposed application fully
complies with the requirements of this Zoning Code as follows:
(1)
If the application for a permitted by-right use is complete,
the Zoning Officer should endeavor to make such determination within
seven days following the date after the application was made. If the
Zoning Officer determines that the application fully complies with
this Zoning Code, he/she shall issue a zoning permit;
(3)
If the Zoning Officer determines that the application does not
fully comply with the Zoning Code, he/she shall deny the zoning permit
and shall supply, within 10 days following the date after application
was made, written evidence of the denial to the applicant or his/her
representative at his/her last known address, together with one or
more reason(s) for the denial.
F.
After all applicable permits have been received by the applicant,
the applicant may undertake the action specified, in compliance with
other City Ordinances. However, applicants shall be advised to wait
30 days to begin construction if there is a possibility of an appeal
by another party. Any commencement of construction or a use within
this thirty-day appeal period shall be at the risk of the applicant.
G.
The Zoning Officer shall have the authority to void any zoning permit
at any time after six months following the date of issuance of the
zoning permit if the Zoning Officer determines that the permittee
has not substantially initiated and pursued the action(s) for which
the permit was issued. A zoning permit shall not be voided after a
certificate of compliance has been issued. Appeals from the voiding
of a zoning permit may be made to the Zoning Hearing Board, or the
permittee may file an application for a new permit.
H.
If a zoning permit is issued involving a structure, then the entire
structure shall be made available for inspection by the Zoning Officer.
A.
The schedule of fees for zoning permits, certificates of compliance, inspections, statements of nonconformity, and other determinations, applications, appeals, and approvals under this Zoning Code shall be published and revised from time to time by the Department of Housing and Building Development, or his/her successor, as provided in § 2-301.8.
B.
No application or appeal under this Zoning Code shall be considered
complete and no permit shall be issued until all fees required under
this Zoning Code are paid in full.
A.
The Uniform Construction Code and the International Property Maintenance
Code, as adopted, amended, and supplemented, shall govern and control
the classes, types, and manner of construction, erection, reconstruction,
alteration, expansion, or enlargement of all structures or uses in
the City.
A.
The Zoning Officer shall revoke, withhold, or suspend a permit or
approval issued under the provisions of the Zoning Code in the case
of one or more of the following:
(1)
Any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based;
(2)
Violation of any condition imposed by the Zoning Hearing Board
upon a special exception use or variance;
(3)
Any work being accomplished or use of land or structures in
such a way that does not comply with this Zoning Code or an approved
site plan or approved permit application; or
(4)
Violation of any applicable portion of the City of Harrisburg
Zoning Code.
A.
When more than one provision of this Code controls a particular matter,
the provision that is more restrictive upon uses and structures shall
apply. The provisions of this Code are in addition to any other applicable
ordinance.
B.
When a proposed use is not specifically prohibited by this Code within any zoning district according to Chapter 7-305, the applicant may request a special exception and the Zoning Hearing Board may permit such use as a special exception if the applicant specifically proves to the satisfaction of the Zoning Hearing Board that all of the following conditions would be met:
C.
The Zoning Officer shall literally apply the wording of this Code
and the location of all zoning district boundaries to applications.
In any case, the Zoning Officer may also request an advisory opinion
from the City of Harrisburg City Solicitor or the Zoning Hearing Board
Solicitor to aid in the Zoning Officer's determination.
D.
If an applicant disagrees with the Zoning Officer's determination
and believes that the ordinance should be interpreted in the applicant's
favor, the applicant may appeal the determination to the Zoning Hearing
Board.
In the addition to the remedies set forth in Chapter 7-701:
B.
If it appears to the Zoning Officer that a violation of any Zoning
Code provision has occurred, the Zoning Officer shall institute enforcement
proceedings by sending an enforcement notice as provided herein. Prior
to sending an official enforcement notice, the Zoning Officer may,
at his/her option, informally notify the owner of a suspected or known
violation through a written or verbal communication and request voluntary
compliance;
C.
The enforcement notice shall be sent to the owner of record of the
land on which the violation has occurred, to any person who has filed
a written request to receive enforcement notices regarding that parcel,
and to any other person requested in writing by the owner of record;
and
D.
At a minimum, an official enforcement notice shall state the following:
(1)
The name of the owner of record and any other person against
whom the City intends to take action;
(2)
The location or street address of the property allegedly in
violation;
(3)
The specific alleged violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of the Zoning Code;
(4)
A deadline to complete all steps necessary to bring the property
into full compliance with this Zoning Code. Such deadline shall be
30 calendar days after the date the notice was postmarked or delivered
to the applicant, whichever is earlier, unless the Zoning Officer
specifically determines that a different deadline is appropriate and
necessary considering the severity of the particular type of violation
and the difficulty of bringing the property into compliance;
(5)
That the recipient of the notice has the right to officially
file a written appeal to the Zoning Hearing Board within 30 days after
receipt of the notice, unless a different period is stated in the
notice; and
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, shall constitute
a violation of the Zoning Code, with possible sanctions clearly described
in the notice.
A.
A party with legitimate standing, or as otherwise provided by the
Pennsylvania Municipalities Planning Code,[1] may appeal decisions under this Zoning Code within the
provisions of the Pennsylvania Municipalities Planning Code. These
appeals include but are not limited to:
(1)
Appeal of a decision regarding the issuance of a permit by the
Zoning Officer to the Zoning Hearing Board; or
(2)
Appeal of the manner in which the Zoning Officer has literally
interpreted the text of the Code to the Zoning Hearing Board; or
(3)
Appeal of a special exception or variance decision by the Zoning
Hearing Board to the Dauphin County Court of Common Pleas.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
The provisions for appeals to court that are stated in the Pennsylvania
Municipalities Planning Code, as amended, shall apply.
A.
After the issuance of a permit and/or approval of a site plan under
this Zoning Code by the City, such permit and/or approved site plan
shall not be changed without the written consent of the Zoning Officer.
B.
Changes to an application approved by the Zoning Hearing Board shall
require approval of the changes by the Zoning Hearing Board with advice
from the Planning Commission if the Zoning Officer determines that
such changes significantly affect matters that are within the jurisdiction
or conditions of their approval. Such reapproval by the Zoning Hearing
Board is not required for minor technical adjustments or corrections
of information that do not affect the significant features of the
site plan and the intensity of the use, as determined by the Zoning
Officer.
A.
Amendment authority. Within the requirements of the Pennsylvania
Municipalities Planning Code, the City Council may amend, supplement,
change, or repeal, any or all portions of this Zoning Code, including
the Official Zoning Map. Any amendment, supplement, change, or repeal
may be initiated by the Harrisburg Planning Commission, the City Council,
or by an interested person.
B.
Amendment application. Any request for amendment of the Zoning Code
(including amendment, supplement, change, or repeal) by any person
or entity, including the City Staff, Planning Commission, City Council,
or committee appointed by the City Council or under the direct oversight
of any such entity, shall include the following:
(1)
A statement of why the change would be in the best interests
of the City, including conformance with the City's Comprehensive
Plan and neighborhood plans;
(2)
A statement addressing any adverse affects on adjacent properties;
(3)
A statement addressing any major traffic access or congestion
concerns;
(4)
A map showing the proposed boundaries of any proposed map changes,
the existing zoning of the subject land and of adjacent lands, and
the current uses of adjacent lots; and
(5)
Completion of a Zoning Text Amendment Application or Zoning
Map Amendment Application; and
C.
Proposed zoning amendments shall be referred to the Dauphin County
Planning Commission at least 30 days prior to the review of the proposed
amendments by the Harrisburg Planning Commission.
D.
After receiving a recommendation from the Harrisburg Planning Commission
on an amendment to the Zoning Code, the City Council shall conduct
a public hearing to inform the general public of the nature of the
amendment, and to obtain public comment. The City Council shall conduct
a public hearing on a proposed amendment after public notice has been
given and will hold its first public hearing within 90 days from the
date of the final hearing by the Harrisburg Planning Commission on
the proposed zoning amendment.
E.
The City Council shall take final action on the proposed zoning amendment
within 90 days after its last public hearing. Within 30 days after
enactment, a copy of the zoning amendment shall be forwarded to the
Dauphin County Planning Commission.
F.
Public notice. Public notice requirements will comply with the provisions
of the Pennsylvania Municipalities Planning Code, as amended, and
will include the following requirements:
(1)
A public notice shall be published once each week for two consecutive
weeks in a newspaper of general circulation;
(2)
The first publication shall not be more than 30 days and the
second publication shall not be less than seven days from the date
of the hearing;
(3)
For Zoning Map amendments, public notice shall also include
the posting of a sign at conspicuous locations along the perimeter
of the subject property and first class mailing of the public notice
shall be sent to all current property owners who own parcels within
the area proposed to be rezoned at least 30 days prior to the hearing
by City Council.
(4)
If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially, or is revised, to include land
previously not affected by it, the City Council shall hold another
public hearing, pursuant to public notice, before proceeding to vote
on the amendment.
A.
Any review of activity within the floodplain, site plan review, subdivision
or land development approval, erosion control review, wetland delineation
review, stormwater runoff review, review of activity on steep slopes,
or any other review, approval, or permit under this Zoning Code by
an officer, employee, board, commission, solicitor, consultant, or
agency of the City shall not constitute a representation, guarantee,
or warranty of any kind by the City, or its employees, officials,
boards, solicitor(s), consultants, or agencies, of the practicality
or safety of any structure, use, or subdivision, and shall create
no liability upon nor a cause of action against the City, such entity
and/or person for any damage that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under this Zoning
Code, the City shall not be liable for any later lawful withdrawal
of such permit.
Whenever a provision of this Zoning Code requires a City staff
person to perform a review, act, or duty, that provision shall be
construed as authorizing that staff person to delegate such responsibility
to another City staff person under his/her authority.
Chapters 7-701 and 1-305 shall apply.
