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Covington Township Tioga County
City Zoning Code

PART 19

ZONING HEARING BOARD

§ 27-1901 Board's Functions: Appeals From the Zoning Officer.

[Ord. 12-10-12(E), 12/10/2012, § 27-1901]
The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid chapter or map or any valid rule or regulation governing the action of the Zoning Officer. Nothing contained herein shall be construed to deny to the appellant the right to proceed directly in court, where appropriate, pursuant to Pa.R.C.P. 1091 to 1098, relating to mandamus.

§ 27-1902 Board's Functions: Challenge to the Validity of Any Chapter or Map.

[Ord. 12-10-12(E), 12/10/2012, § 27-1902]
The Board shall hear challenges to the validity of a zoning chapter or map. In all such challenges, the Board shall take evidence and make a record thereon. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

§ 27-1903 Board's Functions: Variances.

[Ord. 12-10-12(E), 12/10/2012, § 27-1903]
1. 
The Board shall hear requests for variances where it is alleged that the provisions of the Zoning Chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance provided the following findings are made where relevant in a given case:
A. 
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness or lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that 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.
B. 
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C. 
That such necessary hardship has not been created by the appellant.
D. 
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, not be detrimental to the public welfare.
E. 
That 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.
F. 
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.

§ 27-1904 Board's Functions: Special Exceptions.

[Ord. 12-10-12(E), 12/10/2012, § 27-1904]
The Board shall hear requests for special exceptions as provided for in this chapter and subject to all applicable requirements.

§ 27-1905 Board's Functions: Other Powers.

[Ord. 12-10-12(E), 12/10/2012, § 27-1905]
The Board shall have the power to make such decisions as may be authorized from time to time by the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., or this chapter pursuant to procedures and requirements of applicable law or this chapter.