[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
Special exceptions and variances — see Chapter 7-323.
Nonconforming signs — see Chapter 7-325.
[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Editor's Note: This ordinance also repealed former Part Three,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.
A.
The purpose of this chapter is to establish procedures for uses,
structures, and lots which are nonconforming with the Zoning Code
on the effective date of this Code, in order to achieve the following
objectives:
(1)
To encourage greater separation of less compatible uses;
(2)
To prohibit nonconforming uses from expanding significantly
in intensity;
(3)
To terminate nonconforming uses which have been abandoned and
to bring uses into compliances with the Zoning Code; and
(4)
To establish reasonable limits on the expansion and change of
nonconforming uses or structures, while allowing their continuation,
sale and modification within certain limits.
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.
A.
For alterations and reconstruction of nonconforming uses and building,
the following shall apply:
(1)
Repairs and structural alterations not constituting extensions,
expansions, or enlargements may be made to a nonconforming building
or to a building occupied by a nonconforming use; and
(2)
A nonconforming building which is damaged by fire, an explosion,
or a natural disaster, may be rebuilt and used for the same purposes,
provided that the reconstruction of the building is commenced within
18 months from the date of the destruction and is carried to completion
without undue delay, and the reconstructed building does not exceed
in height, area, and volume, the building destroyed.
B.
Any extension, expansion, or enlargement of a nonconforming building or use shall require a special exception permit from the Zoning Hearing Board as regulated under Chapter 7-323 and shall include the following criteria:
(1)
Any extension, expansion, or enlargement shall conform to the development standards of the zoning district in which it is located, as found in Chapter 7-307.
(2)
All required loading and/or parking spaces for any expansion or enlargement shall comply with the requirements of Chapter 7-327.
(3)
The intensity of a nonconforming use (resulting nuisances such
as air pollution, noise, glare, vibrations, delivery traffic, hazards,
etc.) shall not be increased.
A.
Whenever a nonconforming use has been changed to a conforming use,
such use shall not thereafter be changed to a nonconforming use.
B.
Whenever a nonconforming use has been changed to a more restricted
classification or to a conforming use, such use shall not hereafter
be changed to a use of less restricted classification unless in compliance
with the rules for such change as outlined by this section.
C.
A nonconforming use may be changed to another nonconforming use only by the granting of a special exception by the Zoning Hearing Board as regulated under Chapter 7-323. Where a special exception is required, the Zoning Hearing Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or have less impact in external effects than the preexisting nonconforming use with regard to:
(1)
Traffic safety and generation (especially truck traffic);
(2)
Noise, dust, fumes, vapors, gases, odors, glare, vibration,
combustibility, hazardous substances and explosive hazards;
(3)
Amount and character of outdoor storage;
(4)
Late night and early morning hours of operation if the new use
would be adjacent to dwellings; and
(5)
Compatibility with the character of surrounding uses.
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:
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.
Chapters 7-701 and 1-305 shall apply.
