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.
In the addition to the remedies set forth in Chapter
7-701:
A. All of the enforcement, causes of action, enforcement remedies, violations
and penalty provisions of the Pennsylvania Municipalities Planning
Code, as amended, shall apply and are hereby included by reference;
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.
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.