[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
Notice — see Pennsylvania Municipalities Planning
Code § 908, 53 P.S. § 10908.
Special exceptions — see Pennsylvania Municipalities
Planning Code § 912.1.
Variances — see Pennsylvania Municipalities
Planning Code § 910.2.
Land use appeals — see Pennsylvania Municipalities
Planning Code § 1001-A.
Zoning Hearing Board — see Pennsylvania Municipalities
Planning Code § 901 et seq., 53 P.S. § 10901 et
seq.
[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Editor's Note: This ordinance also repealed former Part Three,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 establish procedures for special
exceptions and variances, and to explain the duties of the Zoning
Hearing Board. In addition to making decisions on special exception
and variances, the Zoning Hearing Board also functions to hear any
appeals of decisions made by the Zoning Officer in the administration
of this Zoning Code.
A.
All applications for special exceptions and variances require review and final action by the Zoning Hearing Board. Special exceptions are required for specific land uses in specific zoning districts, further described in Chapter 7-305. Special exceptions also include floodplain special exceptions, as described in Chapter 7-315. Variances are required for any request for relief of the development standards described in Chapter 7-307.
The existing Zoning Hearing Board of the City of Harrisburg
is hereby continued and shall perform all of the functions authorized
by the Pennsylvania Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Zoning Hearing Board shall consist of three regular members
appointed by the City Council. The membership of the Zoning Hearing
Board shall consist of residents of the City of Harrisburg. The terms
of office shall be three years and shall be fixed so that the term
of office of one member shall expire each year. The City Council may
also appoint alternate members to serve as authorized by the Pennsylvania
Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the following:
A.
Public notice shall be published as required by the Pennsylvania
Municipalities Planning Code and shall state the time and place of
the hearing and the particular nature of the matter to be considered;
B.
Notice of such hearing shall be conspicuously posted on the affected
tract of land at least one week prior to the hearing. It is the responsibility
of the applicant to ensure that such notice is posted and remains
posted until the hearing;
C.
Public notice will be mailed by the applicant by first class letter
to all property owners within a one-hundred-foot radius of the boundary
of the subject property, and the applicant will provide proof of mailing;
[Amended 6-15-2016 by Ord. No. 11-2016]
D.
The City shall provide written notice to the applicant of the time
and place of the hearing. Such notice also shall be given to any other
person or group, including civic or community organizations, who has
made a written timely request for such notice;
E.
Any such notices should be mailed or delivered to the last known
address, or sent through electronic mail services;
F.
The Board shall hear and decide any application under the procedures
of the Pennsylvania Municipalities Planning Code,[1] as amended. The Board shall schedule the first hearing
within 60 days of submittal of a proper application and issue a decision
within 45 days after the conclusion of the final hearing on the matter.
The Board shall render a written decision, or make written findings
when no decision is called for, within the time limits of the Pennsylvania
Municipalities Planning Code, unless a written time extension is provided
by the applicant. In other circumstances:
(1)
Where the application is contested or denied, the decision shall
be accompanied by findings of fact and conclusions based thereon,
together with the reasons for such conclusions; and
(2)
Any conclusion based on any provision of the Pennsylvania Municipalities
Planning Code or of this Zoning Code shall contain a reference to
the provision relied upon.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
A copy of the final decision or a copy of the findings (when no decision
is called for), shall be communicated to the applicant or his/her
representative or mailed to their last known address not later than
the time limit established by the Pennsylvania Municipalities Planning
Code, as amended;
H.
The approval of a special exception or variance shall be automatically
revoked within one year of the notice of decision if a complete building/zoning
permit or land development application is not submitted to the City.
For good cause, the Zoning Hearing Board may extend this time upon
receiving a new application. The one-year period may be extended only
with approval of the Zoning Hearing Board. Approval shall also be
automatically revoked if no work has been done on site within one
year of the notice of decision, unless an alternative schedule is
submitted to and approved as part of the permit process. The permit
may also be revoked if the Codes Administrator revokes the building
permit and a new permit application addressing the revocation's
concerns is not resubmitted within one month of the revocation.
A.
The Zoning Hearing Board shall hear and render decisions on requests
for a special exception for a use that is permitted by this Code.
Special exception requests shall be submitted to the Zoning Officer.
B.
The Zoning Hearing Board may grant a special exception if the applicant
provides evidence to the satisfaction of the Board that the proposed
use will comply with all of the following standards:
(1)
Such use will not clearly be in conflict with other City ordinances
or state or federal laws or regulations known to the City;
(2)
Such use will include proper traffic ingress and egress to the
property, with particular attention paid to vehicle and pedestrian
safety, and will involve proper access for emergency vehicles;
(3)
The applicant shall show that the use will not create a significant
public safety hazard, including fire, toxic, or explosive hazards;
(4)
Such use will not significantly negatively affect the character
of an existing residential neighborhood, such as causing substantial
amounts of heavy truck traffic to travel through a residential neighborhood,
or a significant odor or noise nuisance or very late night/early morning
hours of operation;
(5)
Such use will involve adequate site design methods, including
plant screening, walls, fences, berms, site layout, proper direction
and shielding of outdoor lighting to avoid glare, setbacks of refuse
areas and loading facilities, and other setbacks as needed to avoid
significant negative impacts on adjacent uses;
(6)
The applicant shall show that the use will comply with the environmental performance standards of this Zoning Code, as stated in Chapter 7-331; and
(7)
The applicant shall prove that any demolition or other negative
impacts upon any buildings with historically significant architecture
on the site have been reasonably minimized. The Zoning Hearing Board
may request an advisory review by the Harrisburg Architectural Review
Board or its Executive Secretary on this matter.
C.
In granting a special exception, the Board may require such reasonable
conditions and safeguards (in addition to those expressed in this
Zoning Code) as it determines is necessary to implement the purposes
of this Zoning Code. Conditions imposed by the Zoning Hearing Board
shall automatically become conditions of the zoning and building permits
issued pursuant thereto, and any failure to comply with said conditions
shall be a violation of this Zoning Code. Such additional conditions
may include, but are not limited to, the following:
D.
In establishing the existence of facts or conditions relative to
the possible granting of any special exception, the burden of proof
shall be on the applicant.
A.
The Zoning Hearing Board shall hear and render a decision on requests
for a variance where an applicant states that the provisions of this
Code inflict unnecessary hardship. Applications for variances shall
be submitted to the Zoning Officer.
B.
The Zoning Hearing Board may grant a variance provided that all of
the following findings are made where relevant in a given case:
(1)
There are unique physical circumstances or conditions (including
irregularity, narrowness, or shallowness of lot size or shape, or
exceptional topographical or other physical conditions peculiar to
the particular property) and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located;
(2)
Because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of the Zoning Code, and a variance is therefore
necessary to enable the reasonable use of the property;
(3)
Such unnecessary hardship has not been created by the appellant;
(4)
The variance, if authorized, will not alter the essential character
of the neighborhood or zoning district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare; and
(5)
The variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
Any person aggrieved by any decision of the Zoning Hearing Board
may within 30 days after such decision of the Zoning Hearing Board
seek review by the Dauphin County Court of Common Pleas of such decision
in the manner provided by the laws of the Commonwealth of Pennsylvania
and the Pennsylvania Municipalities Planning Code,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
The Zoning Hearing Board shall provide an opportunity for the Planning
Commission to provide advisory comments on any special exception or
variance application prior to the scheduled hearing of the Board.
B.
If the Planning Commission provides comments, the Zoning Officer
shall enter such comments as an exhibit on behalf of the City at a
hearing of the Zoning Hearing Board on the application for a special
exception permit or variance permit.
C.
The primary role of the Planning Commission is to provide advisory
comments relating to the appropriateness of the special exception
or variance request in relation to the relevant zoning district, adopted
neighborhood plans, and the City of Harrisburg Comprehensive Plan.
Chapters 7-701 and 1-305 shall apply.
