Zoning Hearing Board

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The South Whitehall Township Zoning Hearing Board is a five-member board of residents appointed by the Board of Commissioners. They serve a 5 year term or until they are replaced by the BOC.  They serve voluntarily without pay.

 

Zoning Hearing Board Members

 

  • Don KleinChairman (Term expiration: 3/2025)
  • David Eisenberg | Vice Chairman (Term expiration: 3/2023)
  • Kenneth Navitsky Secretary (Term expiration: 10/2023)
  • Lee Solt | Member (Term expiration: 7/2026)
  • Dennis Toomey | Member (Term expiration: 10/2023)
  • Glenn Guanowsky  |  Alternate Member  (Term expiration:  4/2028)
  • Vacancy  |  Alternate Member
  • Vacancy  |  Alternate Member
  • Thomas H. Dinkelacker | Solicitor
  • John M. Ashcraft, III | Alternate Solicitor

 

If you are interested in serving on this Board, please click on the Volunteer Board Member Application link below to print out, complete, and return to the Township as explained on the form - There are currently (2) alternate member positions open on the Zoning Hearing Board.

Volunteer Board Member Application Form

Letter of Intent for Board Reappointment Form

 


About the Board

The Zoning Hearing Board is a quasi-judicial body that reviews appeals under the Township Zoning Ordinance. Therefore, they should not be directly contacted by any person having an interest in an appeal. Communication with the Zoning Hearing Board, prior to a hearing, should be accomplished only through the Zoning Hearing Board’s Solicitor and/or the Township Zoning Officer.

The Zoning Hearing Board's Solicitor is Thomas H. Dinkelacker.

The Township’s Zoning Officer is Laura Harrier.

The Zoning Hearing Board hears the following types of appeals:

  • Requests for variances: Variances are dispensations from the strict provisions of the Zoning Ordinance granted by the Zoning Hearing Board. Normally they are only granted when the applicant can demonstrate that physical constraints make it impossible or unduly burdensome to comply with the Zoning Ordinance. Also, the variance requested should not put the property out of character with the surrounding neighborhood. The Zoning Hearing Board may, if it wishes to, establish conditions of approval in rendering a decision.
  • Requests for a Favorable Interpretation: Where there is a conflict between the applicant’s reading of the Zoning Ordinance and the Zoning Officer’s reading of the Ordinance, the applicant can appeal to the Zoning Hearing Board for a favorable interpretation that agrees with his/her own.
  • Special Exceptions: Certain schedules for certain zone districts have “Special Exception Uses” contained within them. Special Exception Uses are permitted uses that may be potentially detrimental. They are permitted only after a review by the Zoning Hearing Board, and permission is subject to any conditions the Zoning Hearing Board may attach.
  • Temporary Uses: When an event or activity that is not specifically listed as a permitted use in the Zoning Ordinance is planned for a short duration of time, applicants shall first seek permission from the Zoning Hearing Board. They must comply with any conditions the Board attaches.
  • Validity Challenges to the Land Use Ordinance: From time to time, the Township’s Land Use Ordinance may be challenged by a person who alleges defects in the Ordinance or raises procedural-type questions.

Applications for an appeal must be submitted by 4:00 PM on the cut-off date for the meeting as listed below. A copy of the Zoning Appeal Application can be found HERE.  The Zoning Hearing Board normally meets only on the fourth Wednesday of each month. The event calendar can be found at the bottom of this page. The overflow hearing dates are for emergency purposes only. Written decisions of the Board are sent to the appellants (and objectors, if any) within 45 days after the decision is announced.

 


Meeting Schedule and Information

All meetings are open to the public.
This Board meets at 7:00 PM in the Public Meeting Room of the Township Municipal Building , 4444 Walbert Avenue. 

Zoning Hearing Board hearing exhibits from past meetings, along with the Zoning Appeal Application and hearing procedures, can be found in the "Zoning Hearing Board Documents" section located at the top left of this page. Exhibits for upcoming meetings will be posted within the event notification found on the homepage.

Meeting Dates and Information:

APPEAL CUTOFF DATES HEARING DATES  OVERFLOW HEARING DATES
 2024
 December 20, 2023  January 24, 2024 February 1, 2024
January 24, 2024   February 28, 2024 March 7,  2024
February 21, 2024   March 27, 2024 April 4, 2024 
 March 20, 2024 April 24, 2024 May 2, 2024 
 April 17, 2024 May 22, 2024   June 6, 2024
 May 22, 2024 June 26, 2024  July 4, 2024
June 19, 2024  July 24, 2024   August 1, 2024
 July 24, 2024 August 28, 2024  September 5, 2024 
August 21, 2024  September 25, 2024  October 3, 2024 
September 18, 2024  October 23, 2024  November 7, 2024 
 October 3, 2024 November 7, 2024  December 5, 2024 
 October 31, 2024  December 5, 2024 No Overflow 
 2025
 December 18, 2024 January 22, 2025  February 6, 2025 

Zoning Hearing Board

Access the live stream of the Zoning Board hearing HERE.  Note: The hearing live stream will start early at 6:50 PM. If you log on before that time, you will have to refresh your browser.  The meeting starts at 7:00 PM

 

PUBLIC NOTICE

SOUTH WHITEHALL TOWNSHIP

Notice is hereby given that the Zoning Hearing Board of South Whitehall Township will conduct a Public Hearing on Wednesday, March 23, 2022, at 7:00 P.M., in the South Whitehall Township Municipal Building located at 4444 Walbert Ave, Allentown, Lehigh County, Pennsylvania, for the following zoning appeal:

ZHB-2022-02: The Appeal of Jemco Capital, LLC, having been continued from the February 23, 2022 Hearing, and publicly announced by the Board during the Hearing, to continue this case to the March 23, 2022 Hearing.  The Applicant, Jemco Capital LLC, is seeking a one (1) year Time Extension per Section 350-13(d)(3) of the Zoning Ordinance for relief previously granted under Appeal Docket No. ZHB-2020-06. The subject property is located at 1933 Harold Avenue and is zoned (R-5) Medium Density Residential.  Tax ID No. 549705887729-1.

Exhibit 1 - Site Plan 1933 Harold Avenue 1.27.21

Exhibit 2 - 1933 harold floor plan SG

ZHB-2022-03:  The Appeal of Cedar Quirky, LLC, seeking a Favorable Interpretation to Change an existing Nonconforming Use to another Nonconforming Use. The current Use of the parcel is a Real Estate Brokerage Office granted under previous Appeal of ZHB-2004-41. The proposed Use is a Professional Office and provided for in Section 350-42(d)(2)(A) through (D), Nonconforming Uses. The subject property is located at 40 S. Cedar Crest Boulevard and is zoned (R-4) Medium Density Residential.  Tax ID No. 548664287068-1. 

Exhibit 1 - Site Plan 40 S Cedar Crest Blvd

ZHB-2022-04:  The Appeal of Kothiya Brothers, LLC, seeking dimensional variance from Section 350-48(r)(9)D, Retail Sales Minimum Off-Street Parking Calculations, where 23 parking spaces are required and 9 spaces proposed; and Section 350-48(o)(2)(E)(iv) Parking Area Setback Variance for Parking Areas less than 8,000 square feet is seeking relief from the setback from the Ultimate Right-of-Way Line of 25 feet and Side and Rear Yard Setbacks of 15 feet; and Section 350-42(b) Buffer Strips seeking relief from the buffering requirement between dissimilar Uses where a minimum 15 foot buffer strip is required between the NC District and the R-5 District. The subject property is located at 2232 Walbert Avenue and is zoned (NC) Neighborhood Commercial and Retail Sales are a permitted use.  Tax ID No. 548785840032-1.

Exhibit 1 - Site Plan 2232 Walbert Ave

An Organizational Meeting of the South Whitehall Township Zoning Hearing Board to elect its Officers, appoint its Solicitor, appoint substitute conflict Solicitor, and adopt a Resolution regulating the conduct of a public hearing by a Hearing Officer.

The above-referenced properties are in South Whitehall Township, Lehigh County, PA.  Copies of any plans, applications, and/or supporting documents that were submitted can be available for public inspection at the Township Building during normal business hours where they may be examined without charge or obtained for a charge not greater than the cost thereof (it is recommended that appointments be made in advance). All appellants, or their representative with legal standing, must attend. All objectors and interested parties are invited to attend and will have the opportunity to be heard.

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