Boards and Commissions

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 Klein | Chairman (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*)
  • David Melman  |  Alternate Member  (Term expiration:  12/2030)
  • Vacancy  |  Alternate Member
  • Vacancy  |  Alternate Member
  • Thomas H. Dinkelacker | Solicitor
  • Marc S. Fisher | Alternate Solicitor

 

* Or until a successor is appointed by the Board of Commissioners.

 

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 Interim Zoning Officer is Dave Manhardt.

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:

2026 ZHB - Calendar - Dates

Zoning Hearing Board

Zoning Hearing Board meetings are held in person at the Township Municipal Building at 4444 Walbert Ave. They are also streamed on-line via the link found below. Please note that no virtual public participation will be allowed and no recording of the hearing will be posted on the Township website.

Learn more about the Zoning Hearing Board HERE.

The Public Meeting Rules can be found HERE.

 

Public Notice:

PUBLIC NOTICE

Notice is hereby given that the Zoning Hearing Board of South Whitehall Township will hold a public hearing on WEDNESDAY, JULY 24, 2024, at 7:00 P.M. in the South Whitehall Township Municipal Building located at 4444 Walbert Avenue, Allentown, Lehigh County, Pennsylvania, for the following zoning appeal:

ZHB-2024-04: The appeal of Matthew and Jessica Lertzman seeking Special Exception approval to change one Nonconforming Use (namely an office for a combination heating & air conditioning installation and repair business) to another Nonconforming Use (namely a Motor Vehicle Sales Facility) in accordance with Section 350-47(d)(2). The subject property is located at 1727 Mauch Chunk Road and is zoned R-5. Tax ID No. 549717165285-1.

ZHB-2024-06: The appeal of Palmeiro Realty, LLC, seeking a variance from the South Whitehall Codified Ordinance (“Ordinance”), from Section 350-42(d)(4)(B)(i) for the proposed separation distance between the centerline of the newly relocated commercial driveway and the centerline of the intersection of Hausman Road and Crackersport Road is 157 feet when 200 feet is required; a variance from Section 350-42(d)(4)(C) for the proposed separation distance between the two driveways to be 101 feet when 250 feet is required; a variance from Section 350-42(t)(2) to not dedicate the required 70 feet for an Ultimate Right of Way of a Collector Street and allow for a 5-foot intrusion int the required 70-foot Right of Way dedication area. The Applicant is requesting the following interpretations and, in the alternative, variances: Section 350-48(o)(2)(E)(iv)(4) that no parking area setback is needed between adjacent parking areas, and if necessary, in the alternative, a dimensional variance from Section 350-48(o)(2)(E)(iv)(1) to allow for a 20-foot intrusion into the setback where 25 feet is required; and, an interpretation that the proposed building addition on the northern side of the existing one-story building does not need side yard setback relief as it is no closer to the property line than the closest portion of the building to the side property line and, if necessary, in the alternative, a dimensional variance from Section 350-48(o)(2)(E)(iv)(1) to allow for a 11-foot intrusion into the setback providing for a 14-foot setback where 25 feet is required. The subject property is located at 4580 Crackersport Road and is zoned (H) Highway Commercial. Tax ID No. 547669050330-1.

ZHB-2024-09: Robert and Elizabeth Price seeking a Special Exception from Section 350-47(c)(1)(D) and (2) to construct a single-family dwelling on a nonconforming lot where the lot is more than 40% deficient in the required area of 7,200 square feet where 2,530 exists; and a variance from Section 350-24(c)(7) from the required Front Yard Setback of 25 feet where a one-foot setback is proposed from N. Adams Street; and a variance from Section 350-24(c)(7) from the Side Yard Setback of 10 feet where three-feet is proposed from the neighboring parcel with an existing dwelling known as the Mohr parcel. The subject property is located at 3821 Broadway and is zoned (R5) Medium Density Residential. Tax ID No. 548623947434-1.

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.

Laura Harrier, Zoning Officer

 

 

Case Information:

 

ZHB-2024-04:

ZHB-2024-04 - Matthew and Jessica Lertzman - Packet - 2024.07.24 Hearing

 

ZHB-2024-06:

 ZHB-2024-06 - Palmeiro Realty LLC - Packet - 2024.07.24 Hearing

 

ZHB-2024-09:

ZHB-2024-09 - Robert and Elizabeth Price - Packet - 2024.07.24 Hearing

 

Virtual Meeting Link Information:

 

SWT Zoning Hearing Board Hearing

Please join the meeting from your computer, tablet or smartphone HERE.

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