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

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, NOVEMBER 30, 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-2022-08:  The Appeal of Shree Mata 4365 LLC, seeking relief from the following sections: Section 350-47(d)(5) Nonconforming Uses whereas Applicant request a variance for continued acceptability of Appeal A-14-99 regarding Setbacks and Parking to continue to utilize the relief granted for a proposed Fast-Food Restaurant. Additionally, the Applicant requests Variances from Shopping Centers 350-48(s)(8) as follows: Variance from Section 350-48(s)(8)(A) Shopping Center to allow restaurants and recreation facilities as eligible uses included in the composition of the majority of the total Primary Use area within the shopping center; Variance from Section 350-48(s)(8)(D) Minimum Off-Street Parking Calculations where 498 parking spaces are required, and 427 spaces are proposed; the Applicant seeks relief of 71 parking spaces; Variance from Section 350-48(s)(8)(D) Large Parking Space where required for Fast Food Restaurant, the Applicant request an interpretation for the Access Aisle to be used as a Large Parking Space.  Applicant requests Variances from Section 350-48(o)(2) Off-Street Parking as follows: Variance from Section 350-48(o)(2)(E)(iv) Front Yard Parking Setback where a 50 feet front yard is required, and 7.01 feet is proposed; the Applicant seeks relief of 42.99 feet for Front Yard Setback; Variance from Section 350-48(o)(2)(E)(iv) Side Yard Parking Setback where a 25 feet side yard is required, and 11.92 feet is proposed; the Applicant seeks relief of 13.08 feet for Side Yard Setback; Applicant request Variances from Section 350-48(c)(11) Coordinated Development as follows: Variance from Section 350-48(c)(11)(D) Off-Street Parking Calculations where 765 parking spaces are required, and 427 spaces are proposed; the Applicant seeks relief of 338 parking spaces; Variance from Section 350-48(c)(11)(D)(ii) Off-Street Parking Calculations where Large and Oversized Parking Spaces and Loading Zones are required for an individual use; whereas the Applicant seeks relief for a favorable interpretation for the Access Aisle to be used as a Large Parking Space; in the alternate a variance from the individual use parking criteria of Section 350-48(r)(7)(D) Restaurant, Fast Food. The subject property is located at 3227 Hamilton Boulevard and is zoned HC Highway Commercial-District.  Tax ID No. 548661573381 1.

 ZHB-2022-09:  The Appeal of Triple Net Investments CI, LLC c/o Joseph Petrucci, seeking a Special Exception Use per Section 350-48(o)(9)(C) for Outdoor Storage of tractors and trailers, and Section 350-16(i) for Special Exception Criteria.  Outdoor Storage is a permitted Use by Special Exception in the IC-1 Zoning District. Additionally, the Applicant requests a Variance from Section 350-48(o)(2)(E)(ii)(e) Off-Street Parking, to allow for reserved future parking where 23 standard parking spaces are required, and the Applicant proposes 8; relief to reserve 15 standard parking spaces is requested. The subject property is located at 1429 Eck Road and is zoned IC-1 Industrial Commercial-Special Height Limitation District.  Tax ID No. 547720402074 1.

 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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