This chapter applies to all uses, structures, and lots which
are not in compliance with the uses and development standards in specific
zoning districts as reflected on the City of Harrisburg Zoning Map.
All lawful uses of land, buildings, signs, or other structures existing
on the effective date of the Planning and Zoning Code may be continued,
altered, restored, reconstructed, sold, or maintained in accordance
with the provisions of the chapter.
It shall be the responsibility of a party asserting a nonconforming
use, structure, or lot to document that it is lawful. A property owner
may request a written statement confirming the nonconforming status
of a use, structure, or lot from the Zoning Officer after providing
sufficient evidence. The Zoning Officer, upon proof of a legal nonconformity,
may certify the existence of the nonconforming use, structure, or
lot.
Any nonconforming lot, due to its lot area or dimensions, existing
as of the effective date of this Zoning Code or created by an amendment
to this Zoning Code may be continued although such lot does not conform
to the lot requirements for the district in which it is located based
on the following development requirements:
A. All the requirements of this Code shall be met with the exception
of the lot area and lot width; and
B. Where applicants own contiguous nonconforming parcels, lots should
be combined to create conforming lots.
Any nonconforming use shall be presumed abandoned when operations
associated with the nonconforming use have ceased by an apparent act
or failure to act on the part of the tenant or owner to reinstate
such use within one year from the date the activity stopped and the
use is not actively advertised for sale or lease. Such nonconforming
use shall not thereafter be reinstated except in conformance with
this Code. A nonconforming use or building, which is actively marketed,
but has not been sold or leased, shall not be considered abandoned.
The Zoning Officer may require evidence of active marketing to determine
that the nonconformity was not abandoned. A nonconforming structure
which has been condemned by the City is considered abandoned under
this chapter.