This program involves the administration of the various ordinances that affect land use and development activity in the city. Primarily the responsibilities of the staff of the Zoning Division of the bureau, the ordinances included in this program are the Zoning Ordinance and Subdivision and Land Development. All three of these ordinances involve the work of citizen appointed boards (the Zoning Hearing Board, Allentown City Planning Commission and Hamilton Mall Review Board, respectively) for the purpose of ensuring impartiality and public input in their decision making.

About Zoning Ordinances

In general, the Zoning Ordinance regulates the use of land and structures for the purpose of protecting the health, safety, and welfare of the City's residents and businesses. The City is "enabled" or permitted to prepare and adopt a zoning ordinance by the Commonwealth of Pennsylvania through the authority of the Pennsylvania Municipalities Planning Code.

A zoning ordinance divides all land within a municipality into districts, or zones, of related or compatible uses. The zoning ordinance is composed of two parts, the text and the zoning map. Specific zones are usually created for residential, commercial, industrial, and governmental uses. The zoning map delineates the boundaries of these zones, while the text of the ordinance provides the regulations for the various uses that are permitted to exist in each of the zones. For example, different lot sizes are commonly established for each zone and for various types of land uses.

The zoning ordinance is designed to satisfy a variety of goals. It prevents overcrowding and unhealthy conditions by regulating lot sizes and setback requirements from property lines and establishing density, building height, and buffering standards. The regulations are designed to provide sufficient light and ventilation for properties, to ensure privacy, and to protect the public safety by maintaining adequate space between buildings and between any building and the street. Environmental standards ensure that the surrounding environment is protected by new development and new uses and incorporate environmentally sound design that include slope and tree protection and performance standard for potentially harmful or annoying uses. Such factors as noise, odor, glare, light, dust and vibration are regulated. Additional regulations for such items as off-street parking and signs are included to improve the appearance of a community and promote public safety.

Zoning also regulates structures, uses, or lots legally established prior to an ordinance's adoption but not in compliance with the new zoning regulations. These "nonconformities" are permitted to continue, but any change, expansion, continuation or abandonment of these uses are strictly reviewed to minimize any negative impacts to adjacent properties and the surrounding area.

The City of Allentown first adopted a zoning ordinance in 1948. Since then, the ordinance has undergone two extensive revisions; the first in 1971 and most recently, in July, 2000. The ordinance is currently under review again.

Zoning Ordinance

Zoning Hearing Board

Any community which adopts a zoning ordinance must also create a zoning hearing board. The board is best described as a quasi-judicial body, which means it is a "local court" for zoning matters. It must limit its scope of activities to those permitted by the Pennsylvania Municipalities Planning Code and the local zoning ordinance. The board may hear various appeals from the determinations of the zoning officers, may grant relief from the literal terms of the ordinance in certain hardship situations, and can hear challenges to the validity of the ordinance. It also reviews applications for "special exception uses", which are permitted uses requiring a review and hearing before the board because of their own peculiar characteristics.

The board has no legislative power; therefore the board can neither create sections of the zoning ordinance nor amend existing sections. Neither does the board have enforcement powers. Only the zoning officer is authorized to enforce the ordinance.

The Allentown Zoning Hearing Board consists of three (3) members who are appointed by the Mayor, with the advice and consent of City Council. The term of office for each member is three (3) years. Three (3) alternate members are also to be selected by the Mayor, with Council's approval, to serve on the Board when the regular members are unavailable or may need to disqualify themselves because of a possible conflict of interest.

Approximately forty (40) zoning hearing board meetings are held annually, generally scheduled on Monday evenings in City Council Chambers located in City Hall. A fee is required to file an appeal to the board. The fee is intended to cover the cost of preparing the case for the board and to pay for other expenses that are incurred such as the required legal advertising in the newspaper. The Board is required to hold a hearing within 60 days of the filing of a complete application and must render a decision on an appeal within 45 days of the last hearing held on the application. For further information contact: Zoning Office, 610-437-7630.

Zoning Hearing Board Application

Subdivisions

Generally, a subdivision is the division of a parcel of land into two or more parcels including changes in existing lot lines for the purpose of lease, sale, or development of the subdivided parcel(s). Subdivisions range from a property owner who simply wishes to sell off an extra large side yard to a multi-acre tract that is being subdivided for a new housing or commercial development. Before a subdivision of property can occur, a plan must be filed with the Bureau of Planning and Zoning for review and approval by several city departments. This review ensures that the resulting lots will meet all necessary zoning regulations and that any new public infrastructure (streets, utilities, etc.) that is proposed will be properly designed and laid out.

There are two types of subdivisions. A minor subdivision is a one that creates a net increase of four (4) lots or less that front on an existing opened street or road and doesn't require the extension of any public utilities. These subdivisions are of such limited impact they can be reviewed and approved administratively by city staff.

A major subdivision is any subdivision not classified as a minor subdivision, including but not limited to the subdivision of five (5) or more lots, or any size subdivision requiring any new street or street extension, or any public improvements. All major subdivisions must be reviewed and approved by the Allentown City Planning Commission.

Land Developments

A Land Development is the improvement of one or more parcels of land for any purpose involving a group of two (2) or more buildings, or a single non-residential building on a lot. As in the case of subdivisions, there are two types of land development applications: a major land development and a minor land development.

A major land development is a development whose size, intensity, and impact on the surrounding area warrants review by the Allentown City Planning Commission. The review of the Planning Commission is for the purpose of ensuring that the proposal meets all relevant ordinances and regulations of the City and that all potential impacts are properly mitigated. Recent examples include new commercial facilities such as the Home Depot, Wegman's, and Walgreen's; the expansion of St. Luke's Hospital, new Muhlenberg College dormitories and two large apartment complexes in West Allentown.

A minor land development is a development where, in the opinion of the Planning Director, the impact and intensity of the proposal does not warrant review by the Allentown City Planning Commission.

Subdivision and Land Development Ordinance

The Pennsylvania Municipalities Planning Code "enables" or permits the City to regulate subdivision and land development within its borders by enacting a subdivision and land development ordinance. The City's subdivision and land development ordinance was adopted in 1979. The main purposes of this ordinance are to help guide future growth and development of the City in accordance with the City's Comprehensive Plan; to provide for adequate traffic circulation, stormwater control, municipal water and sewer, schools, parks and open space, playgrounds and other recreational facilities; to prevent overcrowding of the land and congestion in the streets and highways; and to establish reasonable design standards and procedures for the orderly layout and development of land. The Allentown City Planning Commission has the authority to approve Major Land Development Plans and Major Subdivision Plans (described above). These plans are not required to be approved by City Council. They are prepared by a civil engineer or a surveyor and are reviewed initially by city staff, then publicly at a Planning Commission meeting. Minor Land Development Plans and Minor Subdivision Plans are not required to have Planning Commission approval, unless so requested by City staff. The approval power for these plans has been delegated to the Planning Director and the City Engineer, after a review by various city agencies such as traffic engineering, zoning, and the parks bureau. Since these minor plans can be approved administratively without the applicant attending any public meetings, the time period for approval is much quicker.

Any questions regarding subdivisions and land developments, including how to apply, fees and length of review periods may be directed to the Zoning Office at 610-437-7630.

Subdivision and Land Development Ordinance

Land Development Controls

Subdivision and Land Development Application

Allentown City Planning Commission

The Allentown City Planning Commission is a 7 member board of volunteers appointed by the Mayor and approved by City Council. In addition to the review of subdivision and development proposals, the Commission advises the Mayor and City Council on matters affecting land use and zoning in the city. They are responsible for preparing the City’s Comprehensive Plan and Zoning Ordinance; reviewing requests for street vacations, rezoning and other ordinance amendments and adopt Redevelopment Area plans pursuant to the Pennsylvania Redevelopment Law.