Zoning

Zoning is a method used to regulate the use of land and structures. It is initiated by the adoption of a zoning ordinance designed to protect the public health, safety, and welfare and to guide growth. The zoning ordinance is composed of two parts, the text and the zoning map. A zoning ordinance divides all land within a municipality into districts, and creates regulations that apply generally to the municipality as a whole as well as specifically to individual districts.

Comprehensive Planning precedes a Zoning Ordinance. Planning entails collecting and analyzing data, projecting the future growth and development of a community with alternatives, and establishing future policies that will lead to sound growth. It is fundamentally a blueprint for future development of the community. Zoning is a method of implementing the plan; it is derived from the plan and puts the plan into effect.

For administrative purposes the Municipal Planning Code requires that any community adopting a zoning ordinance appoint a Zoning Officer and establish a Zoning Hearing Board. The Zoning Officer deals with daily enforcement and responsibility of the administration of the Zoning Ordinance. The Zoning Hearing Board hears appeals dealing with either the decisions of the Zoning Officer, any challenges to the validity of the ordinance or map, procedural changes, and requests for variances and special exceptions. Decisions by this quasi-judicial board are legally binding.

The Zoning Ordinance provides for uses permitted by right for which no special approval is required, while other uses are permitted by Special Exception or Conditional Use. These uses are allowable but are subject to review from an administrative board. The Zoning Hearing Board grants Special Exceptions while the Planning Commission and Board of Supervisors review and approve Conditional Uses. Both Conditional Uses and Special Exceptions require a public hearing prior to any approval or disapproval. Many of the uses permitted in Upper Saucon Township require Conditional Use or Special Exception approval.

A variance is a means of solving problems created by attempting to apply the general terms of an ordinance to fit the land that is regulated. An application for a variance seeks permission to do something that is not in conformance with, or violates, the Zoning Ordinance. It is an overriding of legislative judgment, justified by the existence of unnecessary hardship that is not self-imposed.
The Zoning Hearing Board grants variances. The first step in obtaining a variance is submitting an application to the Township. Appeals to the Zoning Hearing Board must be heard within sixty (60) days of the date the application is received by the Township.

The Zoning Hearing Board meets on the second Monday each month at the Township Building at 7:00 P.M. Applications must be submitted a minimum of 18 days before the next Zoning Hearing Board meeting. The time and nature of the hearing is posted in the Allentown Morning Call and on the property involved. Neighboring properties within 300 feet of the property involved are also notified of the hearing via mail.

The Zoning Hearing Board's purpose is to hear and rule on situations that arise in which a landowner feels the Zoning of his/her land is unreasonable or causes a hardship upon the landowner. When presenting testimony to the Zoning Hearing Board, an applicant must be prepared to explain the proposal in detail to the Board, together with the reasons why the applicant should be allowed use of the structure and /or land in the manner proposed. In particular, applicants should be prepared to prove to the Board that the proposal conforms to the requirements of Section 2107of the Ordinance for Variances or Section 2108 of the Ordinance for Special Exception. Section 2107 states that NO variance shall be granted unless the Board finds that all the below requirements and standards are satisfied:

1. That the granting of the variance shall be in harmony with the general purpose and intent of this ordinance and shall not be injurious tot the neighborhood or otherwise detrimental to the public welfare.

2. That the granting of the variance will not permit the establishment within a district of any use which is not permitted in that district.

3. There must be proof of unique circumstances: These are special circumstances or conditions, fully described in the findings, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that the strict application of the provision of this ordinance would deprive the applicant of the reasonable use of such land or building.

4. There must be proof of unnecessary hardships: If the hardship is general, that is, shared by neighboring property, relief can be properly obtained only by legislative action or by court review of an attack on the validity of the ordinance.

5. That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as grated by the Board is the minimum variance that will accomplish this purpose. It is not sufficient proof of hardship to show that greater profit would result if the variance were awarded. Furthermore, it cannot be claimed by one who purchased without knowledge of restrictions, it must result from the application of the ordinance; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be considered.

In addition the Board may prescribe any conditions that it deems to be necessary to substantially secure the objectives of the regulations or provisions to which the variance applies.

Section 2108.C of the Upper Saucon Township Zoning Ordinance lists the general requirements and standards applicable to all Special Exceptions

It is not necessary to be represented by counsel at the Zoning Hearing Board hearings. However, because of the quasi-judicial nature of the proceeding before the Zoning Hearing Board and because valuable property rights are involved, consideration should be given whether or not legal counsel is warranted.

A copy of the Zoning Hearing Board's decision is mailed to all appellants within 45 days after the Board hearing. Any objectors aggrieved by any decision of the Zoning Hearing Board may, within thirty (30) days after the issuance of the written decision of the Board, appeal to the Court of Common Pleas of Lehigh County. In order to qualify as an objector one must appear at the Zoning Hearing and participate by stating one's name, address and the nature of the objection(s).