[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.
Definitions — see Chapter 7-333.
Off-street parking — see Chapter 7-327.
City of Harrisburg Building Code — see Title
8.
[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Editor's Note: This ordinance also repealed former Part Three,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 specific criteria for
certain uses permitted by right or special exception, in addition
to the sign, parking, environmental performance standards, and other
requirements of this Code and the requirements of each zoning district.
The applicant shall be required to demonstrate compliance with these
criteria and must furnish whatever evidence is necessary to demonstrate
such compliance. Each use must comply with the standards expressed
within the underlying zone. Wherever two or more requirements apply
to the same use or structure, then the requirement that is more restrictive
upon the use, structure, or activity shall apply.
A.
Accessory dwelling unit: An accessory dwelling unit shall be permitted
by right in the RL, RM, and RF Zoning Districts and by special exception
in the CN Zoning District, subject to the following criteria:
[Amended 4-13-2021 by Ord. No. 6-2021]
(1)
The accessory dwelling unit may be created within the principal
residential unit or may be located as a detached unit on the same
lot;
(2)
The accessory dwelling unit may not be larger than 33% of the
square footage of the principal residential unit; and
(3)
The principal residential structure shall be owner-occupied.
B.
Adult day-care center. An adult day-care center shall be permitted
by right in the CN, CG, DC, RF, and INS Zoning Districts and by special
exception in the RM Zoning District subject to the following criteria:
C.
Adult establishment. An adult establishment shall be permitted by
special exception in the IND Zoning District subject to the following
criteria:
(1)
No adult establishment shall be permitted within any of the
following areas:
(2)
All adult establishments shall be permitted to have signs and
visible messages based on the allowable sign area of the IND Zoning
District, provided:
(a)
Sign messages shall be limited to written description of material
or services available on the premises, without any graphic or pictorial
depiction of material or services available on the premises; and
(b)
Messages which are visible or intended to be visible from outside
the building (such as on or within doors or windows) shall not display
materials, items, publications, pictures, films, or printed material
available on the premises; or pictures, films, or live presentation
of persons performing or services offered on the premises.
(3)
Any application for an adult establishment shall include the
full legal name and home addresses of:
(a)
All persons who will have any ownership interest in the use
or any corporation that controls the use; and
(b)
An on-site manager who shall be personally responsible, in addition
to the owners, to ensure that this Code is complied with on a daily
basis. Any changes to such information shall be reported to the Zoning
Officer in writing within seven days.
(4)
In the event any of the unlawful activities specified in the
Codified Ordinances of the City of Harrisburg are conducted by or
in the name of a corporation, partnership, joint venture, trust, firm
or association, in addition to entity liability, the officers, agents
or principals of said corporation, partnership, joint venture, trust,
firm, or association shall be deemed in violation of this chapter
as well as the person or persons engaged in the unlawful activity.
D.
Amusement arcade. An amusement arcade shall be permitted by right
in the CG Zoning Districts and by special exception permit in the
OSR, CN, and DC Zoning Districts, subject to the following criteria:
(1)
All activities shall take place within a building;
(2)
The applicant shall furnish evidence as to how the use will
be controlled so as not to constitute a nuisance due to noise or loitering
outside the arcade;
(3)
A working plan for the cleanup of litter shall be furnished
and implemented by the applicant; and
(4)
In establishments with only one device, these regulations shall
not apply.
E.
Animal hospital/veterinarian/kennel. An animal hospital/veterinarian/kennel
shall be permitted by right in the CG and IND Zoning Districts and
by special exception permit in the CN Zoning District subject to the
following criteria:
(1)
Any structure in which animals are treated or housed shall be
a minimum of 50 feet from any "residential lot line." Buildings shall
be adequately soundproofed so that sounds generated within the buildings
cannot routinely be perceived within any adjacent dwellings;
(2)
Outdoor animal runs may be provided for small animals for use
between 8:00 a.m. and 8:00 p.m., provided the runs are at least 150
feet from any existing dwelling and provided that the runs for dogs
are separated from each other by visual barriers a minimum of four
feet in height, to minimize dog barking;
(3)
The overnight keeping of animals shall only occur as an accessory
use, unless a kennel is permitted in that district and the applicable
requirements are met;
(4)
Any outdoor solid waste receptacles (other than routine trash
receptacles for visitors) and all structures housing animals shall
be set back a minimum of 50 feet from any existing dwelling on an
adjacent lot;
(5)
State laws regulating kennels;
(6)
Screening meeting the requirements of Chapter 7-307 shall be required between any outdoor animal runs and any adjacent "residential lot line"; and
(7)
The use shall be maintained in a sanitary manner to avoid noxious
odors to other properties.
F.
Auto body shop and/or repair garage. An auto body shop and/or repair
garage shall be permitted by right in the CG and IND Zoning Districts,
subject to the following criteria:
(1)
All major repair, welding, and paint work shall be performed
within a building, with a fume collection and ventilation system that
directs noxious fumes away from any adjacent dwellings;
(2)
Outdoor major repairs and outdoor welding shall not occur within
250 feet of a residential lot line;
(3)
Overnight outdoor storage of "junk" other than permitted vehicles
shall be prohibited within view of a public street or an adjacent
dwelling;
(4)
An individual "junk vehicle" shall not be stored within view
of a public street or a dwelling for a total of more than three days.
A maximum of two junk vehicles may be parked on a lot outside of an
enclosed building at any one time within view of a street or dwelling;
(5)
Service bay doors shall not face directly towards an "abutting"
dwelling; and
G.
Auto, RV, boat, or manufactured home sales. Auto, RV, boat, or manufactured
home sales shall be permitted by right in the CG and IND Zoning Districts,
subject to the following criteria:
H.
Bed-and-breakfast. A bed-and-breakfast shall be permitted as a nonresidential
principal use or accessory use in the CN, CG, DC, and RF Zoning Districts
by right, and shall be permitted by special exception as an accessory
use in the RL and RM Zoning Districts, subject to the following criteria:
[Amended 12-10-2020 by Ord. No. 9-2020]
(1)
A maximum of two adults may occupy one guest unit;
(2)
At least one bathroom for guest use shall be provided for every
three guest units;
(3)
The exterior of the building shall not be changed in any way
that would decrease its residential appearance and character, except
for necessary accessibility and life safety modifications;
(4)
The use must be either owner-occupied [and should primarily
be operated by the owner(s)] or manager-occupied;
(5)
There shall not be separate cooking facilities in any guest
room and food shall only be served to guests who are staying overnight;
and
(6)
Guests shall not routinely stay for more than 14 days in any
month.
I.
Betting use. A betting use shall be permitted by special exception
in the DC and IND Zoning Districts, subject to the following criteria:
(1)
A traffic impact study shall be required that meets the standards
specified in the Subdivision and Land Development Code;
(2)
Minimum building setback from any dwelling in a residential
district or the lot line of a place of worship: 150 feet; and
(3)
The hours of operation shall be between 10:00 a.m. and 10:00
p.m.
K.
Car wash. A car wash shall be permitted by right in the CG and IND
Zoning Districts, subject to the following criteria:
(1)
Traffic flow and ingress-egress shall not cause traffic hazards
on adjacent streets;
(2)
On-lot traffic circulation channels and parking areas shall
be clearly marked;
(3)
Adequate provisions shall be made for the proper and convenient
disposal of refuse;
(4)
Water used in the operation shall not flow into streets, sidewalks,
separated storm sewers, or waterways;
(5)
Any chemicals that may be hazardous to aquatic life shall be
stored within an area that will completely contain any leaks or spills;
(6)
Greywater recycling shall be required; and
(7)
There shall be room for at least two cars to wait in front of
each bay.
L.
Cemetery. A cemetery shall be permitted by special exception permit
in the OSR Zoning District, subject to the following criteria:
(1)
All structures and graves shall be set back a minimum of 15
feet from the lot line of a "residential lot line" or the existing
right-of-way of any public street and eight feet from the cartway
of an internal private driveway;
(2)
No grave sites shall be located within the one-hundred-year
floodplain; and
(3)
The applicant shall provide evidence that proves to the satisfaction
of the Zoning Officer, based upon a review by the City Solicitor,
that there will be an appropriate financial system to ensure perpetual
maintenance of the land.
M.
Child-care center. A child-care center shall be permitted as a principal
use by special exception permit in the RM Zoning District and shall
be permitted by right in the CN, CG, DC, RF, and INS Zoning Districts.
Child-care centers are permitted by special exception as an accessory
use only to nonresidential structures. Child-care centers are subject
to the following criteria:
(1)
Loading and unloading of children shall be accomplished through
the use of the parking area or the provision of a drop-off/pickup
lane located to allow the safe delivery of children. When the facility
is an accessory use to an existing use, the parking and loading/unloading
requirements may be waived by special exception;
(2)
The facility shall provide an on-site, secure, outdoor play
area of at least 1,000 square feet or be within 500 feet of a park
or playground that is accessible to the children during daylight hours
when the use is in operation;
(3)
Outside play areas in residential districts shall be limited
to use between 7:30 a.m. and 9:00 p.m.;
(4)
The facility shall be licensed by the State Department of Public
Welfare and receive approval after issuance of a certificate of occupancy;
(5)
The facility must be tested for lead-based paint with an abatement
plan implemented prior to occupancy;
(6)
The facility shall receive building code, health, and life safety
codes approval;
(7)
Any area routinely used for outdoor play by children under the
age of 12 shall be surrounded by a secure fence with a minimum height
of four feet; and
(8)
In residential districts, the use shall be located in a building
that is not attached to any dwelling units on the lot.
N.
Child care home - family. A child care home - family is only permitted
by right as an accessory use to a residential structure in the RL,
RM, CN, DC, and RF Zoning Districts, subject to the following criteria:
(1)
The child-care provider must be a resident of the home and the
number of children shall not exceed six, which shall include those
of the child care provider;
(2)
The facility shall be licensed by the Pennsylvania Department
of Public Welfare and receive approval after issuance of a certificate
of occupancy;
(3)
The facility shall receive building code, health, and life safety
codes approval;
(4)
The facility shall be approved by the Codes Administrator and
the Fire Bureau and must receive a mercantile license; and
(5)
The facility must be tested for lead-based paint with an abatement
plan implemented prior to occupancy.
O.
Child care home - group. A child care home - group is only permitted
by special exception as an accessory use to a residential structure
in the RL, RM, CN, DC, and RF Zoning Districts, subject to the following
criteria:
(1)
The child-care provider must be a resident of the home and the
number of children cared for at one time shall be a maximum of 12,
which shall include those of the child-care provider;
(3)
The facility shall provide an on-site, secure, outdoor play
area or be within 500 feet of an existing public park or playground
that is accessible to the children during the hours this use is in
operation;
(4)
The facility shall be licensed by the Pennsylvania Department
of Public Welfare and receive approval after issuance of a certificate
of occupancy;
(5)
The facility shall be approved by the Codes Administrator and
the Fire Bureau and must receive a mercantile license; and
(6)
The facility must be tested for lead-based paint with an abatement
plan implemented prior to occupancy.
P.
Communications tower/antenna. A communications tower/antenna shall
be permitted by special exception in the OSR and CG Zoning Districts
and shall be permitted by right in the IND Zoning District, subject
to the following criteria:
(1)
Any antenna that is attached to and extends less than 50 feet
above an existing principal nonresidential building or water tower
shall not be regulated by this section, and instead is permitted by
right without additional regulations under this Code;
(2)
A freestanding antenna shall be set back a minimum distance
equal to 1/3 of its height from all residential lot lines;
(3)
The base of a freestanding antenna shall be surrounded by a
secure fence with a maximum height of six feet;
(4)
Any freestanding antenna higher than 50 feet that is within
100 feet of a public street or dwelling shall be buffered along that
street or lot line (except at the driveway crossing) by evergreen
screening or preserved woods.
(5)
Towers and antenna panels shall be painted in colors that blend
into the surroundings; and
(6)
The applicant shall provide a written statement by a professional
engineer stating that in the event of a collapse, such as resulting
from very high winds or future corrosion, any antenna is engineered
to not land upon a street or building (other than an accessory building
serving the antenna).
Q.
Convenience store. A convenience store shall be permitted by right
in the CN, CG, DC, and IND Zoning Districts, subject to the following
criteria:
R.
Convenience store with gas dispensing. A convenience store with gas
dispensing shall be permitted by right in the CG and IND Zoning Districts
and by special exception in the CN and DC Zoning Districts, subject
to the following criteria:
(1)
A site plan shall be provided showing the location of fuel pumps,
convenience store, landscaping, and parking spaces;
(2)
Fuel pumps shall be at least 25 feet from the street cartway;
(3)
Light and glare shall meet the requirements of Chapter 7-331, Environmental Performance Standards;
(4)
Driveways shall be a minimum of 40 feet from the right-of-way
of a street intersection;
(5)
Temporary signs or banners are prohibited on the outside of
the building; and
(6)
Security arrangements, such as security cameras, shall be provided
inside and outside of the store.
S.
Correctional facility. A correctional facility shall be permitted
by special exception in the IND Zoning District, subject to the following
criteria:
(1)
The applicant shall establish to the satisfaction of the Zoning
Hearing Board that the proposed use will include sufficient security
measures to protect the general public and adjacent residents; and
(2)
Any new correctional facility shall be set back a minimum of
1,000 feet from any existing correctional facility.
T.
Correctional facility, community. A community correctional facility
shall be permitted by special exception in the CG and IND Zoning Districts,
subject to the following criteria:
(1)
The applicant shall establish to the satisfaction of the Zoning
Hearing Board that the proposed use will include sufficient security
measures to protect the general public and adjacent residents; and
(2)
Any new community correctional facility shall be set back a
minimum of 1,000 feet from any existing correctional facility.
U.
Drive-through facility. A drive-through facility is permitted by
right as an accessory use in the CG and IND Zoning Districts, and
is permitted by special exception as an accessory use in the CN Zoning
District, subject to the following criteria:
(1)
Drive-through facilities shall be designed and located to avoid
conflicts with pedestrians and with traffic onto, around, and off
of the site;
(2)
Any vehicle drive-through window(s) and waiting lanes shall
be located and have capacity for sufficient numbers of vehicles to
ensure that traffic conflicts and hazards are avoided within the site
and along the streets and highways adjoining the use;
(3)
For restaurants, a maximum of two outdoor menu boards are permitted,
beyond the signs normally permitted, with a maximum sign area of 40
square feet each. The words on such signs shall not be readable from
a street or dwelling;
(4)
For restaurants, there shall be space for a minimum of five
vehicles waiting at or behind a menu sign; and
(5)
Drive-through lanes shall have a minimum width of 11 feet.
V.
Dwelling, multifamily: A multifamily dwelling is permitted by special
exception in the RM and RF Zoning Districts and by right in the CN,
CG, and DC Zoning Districts, subject to the following criteria:
[Amended 4-13-2021 by Ord. No. 6-2021]
(1)
Existing detached, semi-detached, and attached dwellings may
be converted to multifamily dwellings, provided there is a minimum
of 2,500 square feet in the existing dwelling unit; and
(2)
A maximum of three units shall be permitted in an existing detached,
semi-detached, and attached dwelling that is converted to a multifamily
dwelling.
W.
Funeral home. A funeral home shall be permitted by right in the CN,
CG, and RF Zoning Districts and by special exception in the RM Zoning
District. A funeral home with a crematorium shall be permitted by
special exception. Funeral homes are subject to the following criteria:
X.
Grocery store or supermarket with gas dispensing. A grocery store
or supermarket with gas dispensing shall be permitted by right in
the CG and IND Zoning Districts and by special exception in the CN
and DC Zoning Districts, subject to the following criteria:
(1)
A site plan shall be provided showing the location of fuel pumps,
grocery store, landscaping, and parking spaces;
(2)
Fuel pumps shall be at least 25 feet from the street cartway;
(3)
Light and glare shall meet the requirements of Chapter 7-331, Environmental Performance Standards;
(4)
Driveways shall be a minimum of 40 feet from the right-of-way
of a street intersection;
(5)
Temporary signs or banners are prohibited on the outside of
the building; and
(6)
Security arrangements, such as security cameras, shall be provided
inside and outside of the store.
Y.
Home occupation. A home occupation is a business permitted as an
accessory use in all dwelling units in all Zoning Districts subject
to the following criteria:
(1)
A permitted home occupation shall occupy a floor area not greater
than 25% of the total habitable floor area of the dwelling;
(2)
No signage is permitted on the exterior of the residence or
on the lot indicating the home occupation;
(3)
The building shall retain the characteristics of a residence,
and the use shall not detract from the residential character of the
neighborhood;
(4)
The home occupation may not use any equipment or process which
creates noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with radio or television reception;
(5)
The home occupation may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use;
(6)
Only residents of the home may operate the home occupation;
(7)
No customer, client, or patient traffic, whether vehicular or
pedestrian, is permitted in excess of what is normally associated
with residential use;
(8)
The use shall not involve the storage or use of hazardous, flammable,
or explosive substances, other than types and amounts commonly found
in a dwelling. The use shall not involve the use or storage of toxic
substances;
(9)
The business may not involve any illegal activity; and
(10)
A mercantile license will be required.
Z.
Hospital. A hospital shall be permitted by right in the DC and INS
Zoning Districts, subject to the following criteria:
(1)
A hospital may include any of the following additional principal
or accessory uses:
(a)
Medical research facilities and training/education facilities
for health care professions;
(b)
Management and administrative offices for health care organizations;
(c)
Hospice facilities;
(d)
Medical testing facilities;
(e)
Medical and dental offices and clinics for treatment;
(f)
A nursing home or personal care center; and/or
(g)
Ambulatory surgery center.
(2)
A hospital may also include treatment for substance abuse as
a clearly accessory use, provided that the use is integrated completely
within a general medical hospital building.
AA.
Junkyard (includes automobile salvage yard). A junkyard shall be
permitted in the IND Zoning District by special exception, subject
to the following criteria:
(1)
Storage of garbage or biodegradable waste is prohibited, other
than what is customarily generated on site and routinely awaiting
pickup;
(3)
The site shall contain a minimum of two exterior points of access,
each of which is not less than 20 feet in width. One of these accesses
may be limited to emergency vehicles. Cleared driveways shall be provided
throughout the entire use to allow access by emergency vehicles. Adequate
designated off-street parking spaces shall be provided for customers;
(4)
Outdoor storage shall be completely enclosed (except at approved
driveway entrances) by a twenty-foot-wide buffer yard which complies
with Section 7-305, unless such storage is not visible from an exterior
lot line or street. The initial height of the evergreen planting shall
be six feet;
(5)
Fencing:
(a)
Secure weather-treated wood, plastic-coated chain link, or chain
link metal fencing with a minimum height of eight feet shall be provided
and well-maintained around all outdoor storage areas of a junkyard,
to the rear of any buffer. Fences shall not be constructed of solid
metal, vehicles, or "junk." Fences shall be constructed of uniform
materials and generally be of uniform height;
(b)
Fencing shall be placed inside of any evergreen screening; and
(c)
Sufficient gates shall be provided in the fence only for necessary
vehicle entry and exit and for emergency access. All such gates shall
be kept securely closed when the junkyard is not open for business.
(6)
Burning or incineration of vehicles or junk is prohibited. The
use shall not include the bulk storage of explosive or flammable materials.
The use shall fully comply with the City Fire Protection Code;
(7)
The use shall comply with the performance standards of Chapter 7-331, Environmental Performance Standards, especially regarding noise, dust, and odor regulations;
(8)
All gasoline, coolant, and oil shall be drained from all vehicles
and properly disposed of. All such substances shall not be stored
on site for more than 90 days and shall be properly labeled. All batteries
shall be removed from vehicles and properly stored in a suitable area
on an impervious, properly drained surface;
(9)
Lot area: two acres minimum; 20 acres maximum;
(10)
Any material stored on site that may attract rodents or insects
or noxious odors or create fire hazards shall be stored within enclosed
containers and be removed from the site and properly disposed of within
90 days;
(11)
No materials to be stacked or stored in such a way that it results
in a height greater than 35 feet above the surrounding ground level;
(12)
Repair activities, storage, and vehicle loading/unloading shall
be prohibited on public streets and alleys; and
(13)
Off-street parking shall be provided for all company vehicles
and equipment.
BB.
Manufactured (mobile) home. A manufactured home shall be permitted
by right on an individual lot in the RL, RM, and CN Zoning Districts,
subject to the following criteria:
(1)
Be constructed in accordance with the Safety and Construction
Standards of the United States Department of Housing and Urban Development;
(2)
Have a site graded to provide a stable and well-drained area
and be installed on a permanent foundation and converted to real property;
and
(3)
Be located with a front door facing onto a public street.
CC.
Mineral extraction. Mineral extraction shall be permitted by special
exception permit in the IND Zoning District, subject to the following
criteria:
(1)
The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents and shall comply with Chapter 7-331, Environmental Performance Standards;
(2)
After areas are used for mineral extraction, they shall be reclaimed
in phases to a nonhazardous and environmentally sound state permitting
some economically productive future use. A detailed land reclamation
plan shall be submitted;
(3)
A seventy-five-foot-wide yard covered by natural vegetative
ground cover (except at approved driveway crossings) shall be required
along all exterior lot lines that are within 250 feet of an area of
excavation or within 250 feet of machinery that is greater than 35
feet in height;
(4)
The following minimum setbacks shall apply for the excavated
area of a mineral extraction use from property that is not owned by
the owner of the mineral extraction use:
(6)
Any area of excavation that creates slopes of greater than 30%
shall be surrounded by secure fencing with a minimum height of eight
feet.
DD.
Nightclub or dance hall. A nightclub or dance hall is permitted by
special exception in the DC Zoning District and is permitted by right
in the CG and IND Zoning Districts, subject to the following criteria:
EE.
Race track. A race track shall be permitted by special exception
in the IND Zoning District, subject to the following criteria:
FF.
Recreation, outdoor. Recreation, outdoor shall be permitted by right
in the OSR, CN, CG, and IND Zoning Districts and by special exception
permit in the RM Zoning District, subject to the following criteria:
(1)
For golf ranges, the range shall be designed so that golf balls
are highly unlikely to enter public streets or property that is not
part of the driving range;
(2)
A clubhouse, retail sales of golf supplies, nonhousehold swimming
pool, and/or restaurant may be permitted as an accessory use. Any
principal building or accessory swimming pool shall be located a minimum
of 80 feet from any residential lot line, unless the owner of such
lot grants a waiver in writing from such setback; and
GG.
Recycling and bulk collection center. A recycling collection center
shall be permitted by right as a principal or as an accessory use
in the IND Zoning District, subject to the following criteria:
(1)
This use shall not be bound by the requirements of a solid waste
disposal facility;
(2)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures and frequent enough emptying to prevent
the attraction of insects or rodents and to avoid fire hazards;
(3)
Adequate provision shall be made for movement of trucks if needed
and for off-street parking;
(4)
Materials to be collected shall be of the same character as
the following materials: paper, fabric, cardboard, plastic, metal,
aluminum, and glass. No garbage shall be stored as part of the use,
except for that generated on site and that accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on site; and
(5)
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning, and closely
similar work. No burning or landfilling shall occur. No mechanical
operations shall routinely occur at the site other than operations
such as baling of cardboard.
HH.
Rooming house. A rooming house shall be permitted as an accessory
use by special exception permit in the RM, CN, DC, and RF Zoning Districts,
subject to the following criteria:
(1)
The rooming house is permitted as an accessory use to a principal
residential unit;
(2)
The principal residence must be owner-occupied and must remain
as a single dwelling;
(3)
The rooms must be contained within the principal residence;
(4)
Occupancy standards shall comply with the International Property
Maintenance Code and/or Uniform Construction Code but in no event
shall the maximum occupancy exceed eight residents in addition to
the owner's household;
(5)
The building shall be accessible and include one accessible
sleeping room and one accessible bathroom;
(6)
Rooms shall be rented for a minimum period of seven consecutive
days;
(7)
A minimum of one full bathroom shall be provided for every four
rental units; and
(8)
An annual inspection is required.
II.
Scrap metal processor. A scrap metal processor is permitted by special
exception in the IND Zoning District, subject to the following criteria:
(1)
Storage of biodegradable waste is prohibited, other than what
is customarily generated on site and routinely awaiting disposal;
(2)
No materials shall be stacked or stored in such a way that it
results in a height greater than 35 feet above the surrounding ground
level;
(3)
Fencing:
(a)
Fencing with a height between eight feet and 10 feet shall be
provided around any visible portion of the perimeter of the facility
that fronts on any street; fences shall be constructed of secure weather-treated
wood, plastic-coated chain link or chain link metal fencing, masonry,
or other flat surface material and shall be of uniform material and
generally be of uniform height. Whole tanks and bundles or bales of
scrap shall not be appropriate fencing materials;
(b)
Fencing shall be placed inside of any evergreen screening. When
fencing is replaced, provisions are to be made to install an evergreen
buffer with a minimum height of six feet at the time of planting;
and
(c)
Gates shall be provided in a fence only as necessary for vehicle
and pedestrian entry and exit and for emergency access. All gates
shall be kept securely closed and locked when the facility is not
open for business.
(5)
The facility shall be located on a lot with a minimum area of
five acres and may not be located within one mile of another such
facility. This requirement will not prohibit the expansion of a facility
existing at the time this chapter was adopted;
(6)
Repair activities, storage, and vehicle loading/unloading shall
be prohibited on public streets and alleys;
(7)
Off-street parking shall be provided for all company vehicles
and equipment; and
(8)
Scales with sufficient queuing lanes shall be located on site
so that stacking of vehicles awaiting weighing or loading/unloading
shall not occur on public streets or alleys.
JJ.
Self-storage facility. A self-storage facility is permitted by right
in the CG and IND Zoning Districts, subject to the following criteria:
(1)
Outdoor storage shall be limited to recreational vehicles, boats,
and trailers. No "junk vehicles" shall be stored within view of a
public street or a dwelling;
(2)
Trash, highly toxic substances, explosives, flammable materials,
or similar items shall not be stored;
(3)
Nothing shall be stored in interior traffic aisles, required
off-street parking areas, loading areas, or driveways;
(4)
Adequate lighting shall be provided for security, but it shall
be directed away or shielded from any adjacent residential uses;
(5)
Maximum building length: 250 feet;
(6)
Minimum separation between buildings: 20 feet; and
(7)
The use may include one accessory dwelling unit for a full-time
caretaker.
KK.
Solid waste facility. A solid waste facility is permitted by special
exception permit in the IND Zoning District, subject to the following
criteria:
(1)
The following standards shall apply to any new such solid waste
facility approved after the adoption of this Code, except a state-approved
demolition materials landfill:
(a)
All solid waste storage, disposal, and incineration shall be
at least 200 feet from the following: public street right-of-way,
exterior lot line, one-hundred-year floodplain, edge of a surface
water body, or wetland of more than two acres in area;
(b)
All areas to be used for the storage, disposal, or incineration
of solid waste shall be a minimum of 300 feet from any "residential
lot line" or publicly owned recreation area or the banks of any perennial
creek or river;
(c)
The use shall be served by a minimum of two paved access roads,
each with a minimum cartway width of 24 feet. One of these roads may
be restricted to use by emergency vehicles;
(d)
Any solid waste that is to be stored for more than three hours
shall be stored in an enclosed structure;
(e)
The operation and day-to-day maintenance of the facility shall
comply with all applicable state and federal regulations as a condition
of the continuance of any permit of the City. Violations of this condition
shall also be considered to be violations of this Code;
(f)
Open dumps and open burning of refuse are prohibited. Incineration
of solid waste shall be prohibited unless approved as a "waste to
energy" facility;
(g)
The applicant shall prove to the satisfaction of the Board that
the existing street network can handle the additional truck traffic,
especially without bringing extraordinary numbers of trash hauling
trucks through or alongside existing residential or residentially
zoned areas;
(h)
The applicant shall prove to the satisfaction of the Board that
the use would not routinely create noxious odors off of the site;
(i)
A chain link or other approved fence with a minimum height of
six feet shall surround active solid waste disposal areas to prevent
the scattering of litter and to keep out children. The Board shall
require earth berms, evergreen screening, and/or shade trees as needed
shall be used to prevent operations from being visible from any public
street or dwellings;
(j)
A minimum total lot area of 10 acres (which may include land
in an adjoining municipality) is required;
(k)
Any facility shall be operated in such a manner to prevent the
attraction, harborage, or breeding of insects, rodents, or other vectors;
(m)
No radioactive, toxic, chemotherapeutic, or infectious materials
or substances may be stored or processed in any way;
(n)
For any solid waste facility other than a sanitary landfill,
all loading and unloading of solid waste shall only occur within an
enclosed building and over an impervious surface which drains into
a holding tank that is then adequately treated, and this subsection
regulating solid waste facilities is not intended to regulate facilities
owned by the City of Harrisburg or authorities created by the City
of Harrisburg.
LL.
Special occasion home. A special occasion home shall be permitted
by right as an accessory use in the CN and RF Zoning Districts and
by special exception in the RL and RM Zoning Districts, subject to
the following criteria:
(1)
The special occasion home is a detached dwelling with a minimum
of 2,500 square feet and must meet all applicable building, fire,
and safety codes;
(2)
Functions may be conducted on the grounds surrounding the home
and in buildings accessory to the principal dwelling;
(3)
The functions are only permitted as accessory uses to a principal
residential dwelling on the same property and are carried out by the
owner of the property; and
(4)
The special occasion home may also function as a bed-and-breakfast.
MM.
Supportive housing - emergency. Supportive housing - emergency is
permitted by special exception permit in the CN, CG, and DC Zoning
Districts, subject to the following criteria:
(1)
The applicant shall have the full burden of proof to show capacity
to operate emergency supportive housing and must demonstrate that
such supportive housing demonstrates consistency with Home Run: The
Capitol Area's Ten-Year Plan to End Chronic Homelessness in the County
of Dauphin and City of Harrisburg (2007);
(2)
Any new emergency supportive housing shall be located a minimum
of 1,000 feet in all directions from any existing emergency supportive
housing;
(3)
Maximum number of residents shall be based on the International
Property Maintenance Code but in no event shall the maximum number
of residents exceed 40 persons;
(4)
The building shall be accessible; and
(5)
There shall be an on-site manager during all hours when the
use is in operation.
NN.
Supportive housing — facility. Supportive housing — facility
is permitted by right in the CN, DC, and INS Zoning Districts, and
by special exception in the RF Zoning District, subject to the following
criteria:
(1)
The facility shall be licensed or certified under any applicable
federal, state, or county regulations. A copy of such license or certification
shall be required to be shown to the Zoning Officer at all times requested.
OO.
Supportive housing — family. Supportive housing - family is
permitted by right in the RL, RM, CN, DC, and RF Zoning Districts
subject to the following criteria:
(1)
Supportive housing shall be licensed or certified under any
applicable federal, state, or county regulations. A copy of any such
license or certification shall be required to be shown to the Zoning
Officer at all times requested;
(2)
The residents will live as a functional household and there
shall be adequate supervision as needed by an approximate number of
person(s) trained in the field;
(3)
Any medical or counseling services provided on the premises
shall be limited to residents;
(4)
The building shall be accessible; and
(5)
The building shall be maintained and/or constructed to ensure
that it is closely similar in appearance, condition, and character
to the other residential structures in the area.
PP.
Swimming pool - nonhousehold. A swimming pool - nonhousehold is permitted
by right in the CN, CG, DC, RF, and INS Zoning Districts, subject
to the following criteria:
QQ.
Target range. A target range is permitted by special exception permit
in the INS and IND Zoning Districts, subject to the following criteria:
(1)
All target ranges shall have a barrier behind and around the
target area which is of sufficient height and thickness to adequately
protect the public safety. This barrier shall be made of earth for
an outdoor firearms range;
(2)
An outdoor firearms target range shall comply with National
Rifle Association standards and other applicable federal, state, and
local regulations;
(3)
An outdoor firearms target range shall be located a minimum
of 250 feet from a residential lot line;
(4)
An outdoor firearms target range shall be fenced and be properly
posted;
(5)
The applicant shall show that the noise limits of the City Noise
Ordinance will be met; and
(6)
An indoor firearms target range shall be adequately ventilated
to allow the building to remain completely enclosed.
RR.
Treatment center. A treatment center is permitted by right in the
CG, DC, and IND Zoning Districts, subject to the following criteria:
(1)
The applicant shall provide a written description of all types
of residents the use is intended to include over the life of the permit
and the training and licensing of the staff. Any future additions
or modifications to this list shall require approval of the Zoning
Officer; and
(2)
The applicant shall prove to the satisfaction of the Zoning
Officer, with the burden-of-proof being upon the applicant, that the
use will involve adequate supervision and security measures to protect
public safety.
SS.
Wind or solar energy facility. A commercial or public wind or solar
energy facility is permitted by special exception in the OSR Zoning
District, and is permitted by right in the IND Zoning District, subject
to the following criteria:
Chapters 7-701 and 1-305 shall apply.