Harrisburg City Zoning Code
CHAPTER 7
309 Specific Criteria
§ 7-309.1 Purpose.
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.
§ 7-309.2 Specific criteria.
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:
§ 7-309.99 Penalty.
Chapters 7-701 and 1-305 shall apply.