Borough of Gettysburg - Procedures

Back

Zoning Permit

Full Text from eCode360®

§ 27-111: Zoning Permit.

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

General.

Zoning Permit Required. A zoning permit is required prior to the following activities occurring:

(1)

The use or change in the use of a building, structure or land;

(2)

The alteration or expansion of a parcel, Structure, or use as regulated under § 27-409, Nonconformities, and as defined in Part 5 of this chapter;

(3)

Earth disturbance activities as defined in Part 5 of this chapter; and

(4)

Installation or alteration of driveways or parking areas.

Penalties. It shall be unlawful for any person to commence work for any of the activities specified under Subsection 1.A above until a zoning permit has been duly issued.

(1)

Where a permit is required, but the work is commenced or the use is commenced or changed prior to obtaining such permit, the fees set by ordinance or resolution of the Borough Council for such permit shall be doubled.

(2)

The doubling of the permit fee shall be required to reflect the additional expense incurred by the Borough resulting from the need to inspect the property, issue any enforcement notices and/or process the application as soon as it is received.

(3)

The payment of such increased permit fee shall not relieve any person from complying with all requirements of this chapter or any other applicable Borough Code regulations or ordinances or from any penalties or enforcement actions authorized by this chapter.

Application.

Every application for a zoning permit shall contain, in addition to other applicable requirements that may be specified in this chapter, the following information:

(1)

The application shall be made by the owner or lessee of any building or Structure, or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization of the owner or the qualified person making an application, that the proposed work is authorized by this owner. The full names and addresses of the owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.

(2)

The property identification number as it appears on the latest tax records.

(3)

The required fee as established under § 27-114 of this chapter.

(4)

Site Plan Requirements. A site plan drawn to scale, one inch to equal 100 feet, and signed by the person responsible for such drawing. In all cases, the site plan shall include the following:

(a)

North arrow, written and graphic, scale, and date of site plan.

(b)

A location map showing the location of the proposed activity or development within the Borough.

(c)

The actual shape, dimensions, radii, angles, and area of the parcel on which the structure is proposed to be erected, or the parcel in which it is situated if in an existing building.

(d)

The exact size and locations of the proposed building, structure or Structures on the parcel, or alteration of an existing building or Structure, and of other existing buildings or Structures on the same parcel.

(e)

The dimensions of all yards in relation to the subject buildings or Structures and the distances between such Structures and any other existing buildings or Structures on the same parcel.

(f)

The existing and intended use of all buildings or Structures, existing or proposed, the use of land, and the number of families or dwelling units the building is designed to accommodate.

(g)

Such topographic or other information about the building, Structure, parcel, or neighboring parcel that may be necessary to determine that the proposed construction shall conform to the provisions of this chapter.

(h)

Proposed access driveway(s) showing all pertinent details, including but not limited to driveway type, slope, property setbacks, connecting public roadway name, drainpipes, culverts, property lines, width, type of surface, and clear sight distances. Proof of a highway occupancy (including a minimum use driveway) permit is required for driveway access off state-owned rights-of-way.

(i)

The location of all existing streets, drives, or other accessways.

(j)

The location of surface water bodies, the 100-year floodplain, and jurisdictional wetlands.

(k)

Other relevant information necessary to determine compliance with this chapter and all other Borough ordinances and codes.

Review and Issuance.

The Zoning Officer will either issue or deny a zoning permit after the filing of a complete and properly prepared application. If a zoning permit is denied, the Zoning Officer shall state in writing to the applicant the reasons for such denial, and the applicant shall be informed of their right to appeal to the Zoning Hearing Board.

The Zoning Officer may call upon other Borough staff and/or Borough-appointed consultants in the review of submitted materials for applications.

No zoning permit shall be issued unless the proposed activity is in full conformity with all the provisions of this chapter, and the following:

(1)

Any conditions imposed upon the site or upon the use by the Zoning Hearing Board or Borough Council;

(2)

Any recorded subdivision or land development plan; and

(3)

The requirements of other applicable Borough ordinances and codes.

Access. No zoning permit shall be issued for any building or structure upon a parcel without access to a public street or road, or an acceptable private street or road for which access rights are documented.

Conditions of Permit.

(1)

No zoning permit shall be issued until the required fees prescribed under § 27-114 of this Part shall be paid to the Borough. The payment of fees under this Part shall not relieve the applicant or holder of said zoning permit from payment of other fees that may be required by this chapter or by any other ordinances or law.

(2)

The zoning permit shall be a license to proceed with the work and shall not be construed as authority to violate, cancel, or set aside any of the provisions of this chapter, except as stipulated by the Zoning Hearing Board.

(3)

All work or uses shall conform to the approved application and plans for which the zoning permit has been issued, as well as the approved site plan or land development plan.

Expiration and Extension. Every zoning permit shall expire after one year from the date of issuance. If no zoning amendments or other codes or regulations affecting subject property have been enacted in the interim, the Zoning Officer may authorize in writing the extension of either above periods of an additional six months, following which no further work is to be undertaken without a new zoning permit. Permit extension requests shall be made in writing to the Zoning Officer.

Display. The applicant shall prominently display all approved zoning permits on the subject property during construction, renovation, reconstruction, repair, remodeling, or the conduct of other site improvements. The applicant shall display the zoning permit within five days of permit issuance or prior to the commencement of actual work on the site, whichever occurs first. The applicant shall continuously display the zoning permit until the permitted work is completed.

Revocation of Permit. A zoning permit for any structure or use shall be revoked by the Zoning Officer or authorized representative if the holder of such permit has failed to comply with the requirements of this chapter or with any conditions attached to the issuance of the permit. Upon revocation of a permit, the holder may also be subject to the enforcement remedies and penalties provided by this chapter, by the other provisions of Borough enacted ordinances, and by state and federal law.

Temporary Uses.

The Borough recognizes that there are certain uses and structures, of a temporary nature, which are generally beneficial to the Borough and its residents, such as:

(1)

The erection of a seasonal tent from which flowers, plants, produce, Christmas trees or fireworks are sold prior to observed holidays (permits evaluation shall consider impacts to the required parking, i.e., number of spaces reduced based on location and placement of temporary tent Structure.)

(2)

Dumpsters or storage pods.

(3)

Construction job site office trailers.

(4)

Temporary or portable restroom facilities.

It is the intention of the Borough to allow such temporary uses in accordance with the requirements of this chapter.

Where the proposed temporary use is permitted within the zoning district, the applicant shall apply to the Zoning Officer for a zoning permit. Any zoning permit shall specify the dates upon which the temporary use may be operated, the temporary Structures which may be erected, and the temporary signs which may be erected.

The Zoning Hearing Board, by special exception, may authorize a temporary use in a district where such use is not authorized if the applicant meets the general requirements for a special exception and demonstrates evidence of the temporary use requirements. If the applicant demonstrates to the satisfaction Zoning Hearing Board that its application meets all five of the below criteria, the Zoning Hearing Board may, by special exception, authorize each such temporary use. The decision of the Zoning Hearing Board shall identify the specific dates upon which the use may be conducted and the specific parcel or portion of the parcel upon which the temporary use may be conducted. Temporary uses may not exceed 15 days at any single time or 30 days in any calendar year.

The applicant for a temporary use shall present evidence of the following:

(1)

Adequate off-street parking is provided.

(2)

Any signs are temporary in nature and do not exceed the number or area which would be permitted for a permanent use.

(3)

Other facilities, including but not limited to sewage disposal facilities and trash disposal, are available for persons reasonably anticipated to attend the temporary use.

(4)

A plan for addressing traffic to be generated by the temporary use. If necessary, the applicant shall arrange for the provision of fire police or other persons to direct traffic to the temporary off-street parking facilities.

(5)

The temporary use shall contribute to the welfare of the Borough and its residents, and shall not adversely affect the health, safety or welfare of adjoining residents or the uses permitted within the zone in which the temporary use is proposed.

Failure to cease operation on the date specified in the temporary zoning permit or failure to remove all temporary Structures and temporary signs shall constitute a violation of this chapter.

Borough of Gettysburg, PA

MapLink™ | Procedures | Zoning Permit