Borough of Gettysburg - Procedures

Special Exception

Where the Borough Council has stated, under Part 3 of this chapter, special exceptions to be granted or denied by the Zoning Hearing Board pursuant to the standards and criteria specified below, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.

Full Text from eCode360®

§ 27-118: Special Exception Use Procedures.

[Ord. No. 1498-25, 12/8/2025]

General.

This section provides special controls and regulations for particular uses which may, under certain conditions, be conducted within the various zoning districts established in Part 2 of this chapter.

Application. Each application for a special exception use shall be accompanied by a proposed site plan as specified under § 27-111 of this Part.

Referral to Gettysburg Borough Planning Commission.

In its review of the special exception application, the Borough Planning Commission shall take into consideration the public health, safety, and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may recommend appropriate conditions and safeguards as may be required in order that the result of its recommendation may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular.

(1)

That all proposed structures, equipment, or material shall be readily accessible for fire and police protection.

(2)

That the proposed use shall be of such location, size, and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.

(3)

That, in addition to the above, in the case of any use located in, or directly adjacent to, a residential district:

(a)

The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, said residential district or conflict with the normal traffic of the neighborhood; and

(b)

The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

(c)

Planning Commission Recommendation. Within 30 calendar days of the submission of the special exception application to the Borough, the Planning Commission shall forward its written recommendations to the Zoning Hearing Board. The Commission may recommend approval, disapproval, or modification. In the case of disapproval or modification, the Commission shall set forth the reasons for the recommendation in writing.

Standards and Criteria. In any instance where the Zoning Hearing Board is required to consider a special exception to this chapter in accordance with the provisions of this chapter, the Zoning Hearing Board shall, among other things, consider the following standards and conditions that have been provided in writing by the applicant to the Zoning Hearing Board:

The proposed use is consistent with the purpose of the Part whereby it is permitted, and the overall purposes contained in Part 1 of this chapter.

The proposed use and its location are generally consistent with the Comprehensive Plan and the current Gettysburg Borough Zoning Map.

The proposed use complies with the lot requirements and the building height of the district where it is proposed.

The proposed use is consistent with the general and supplemental regulations set forth in Part 15, and the design standards of Part 19 of the Code of Ordinances of the Borough of Gettysburg.[1]

[1]

Editor's Note: So in original.

The proposed use will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the adjacent property is adequately safeguarded. Further, the proposed use, located on the proposed property, with the present and proposed characteristics of each, and considering the present and proposed characteristics of the neighboring properties, will not cause negative impacts over and above those typically associated with such uses located and operated in a usual manner.

Where determined by the Zoning Hearing Board to be applicable, the proposed use will provide a fence or a planting screen and/or additional yard or open space area to reduce the effect of the proposed use upon adjacent properties.

The proposed use will promote preservation or adaptive reuse of the sites and structures identified by the Local Historic District Regulations [Chapter 11 of the Code of Ordinances of the Borough of Gettysburg].

The proposed use complies with the required off-street parking and loading regulations in Part 13 of the Code of Ordinances of the Borough of Gettysburg.[2]

[2]

Editor's Note: So in original.

The proposed use will provide safe and adequate access to streets and that the applicant will make any improvements needed to guarantee compatibility with adjacent streets as recommended by the Borough Engineer.

The proposed use will provide for pedestrian access to the site.

The proposed use will not adversely affect public facilities and utilities, such as water, sewer, police and fire protection, schools, etc.

The proposed use will comply with the signage regulations of Chapter 19 of the Code of Ordinances of the Borough of Gettysburg.

Zoning Hearing Board Action. The Zoning Hearing Board shall conduct a public hearing on each application for a special exception use in accordance with the public hearing procedures outlined under § 27-117.5. of this chapter.

Conditions and Safeguards of special exception Permits. A special exception use permit shall be effective for a period of two years from the date of its issuance. An extension may be granted upon a determination by the Zoning Hearing Board provided that any conditions and safeguards that may have been prescribed by the Zoning Hearing Board in conjunction with the issuance of the original permit are being complied with. In such cases, a period of up to one year shall be granted the applicant for full compliance prior to the revocation of said permit at the conclusion of the one-year extension if the permit has not been acted upon.

Effect of Special Exception Approval. Any use for which a special exception use permit may be granted shall be deemed to be a conforming use in the zoning district in which such use is located provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.

Borough of Gettysburg, PA

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