VIEW CURRENT AGENDA - November 18, 2026
*Agendas for the meetings will be available on our website approximately 2 days in advance
*Agendas for the meetings will be available on our website approximately 2 days in advance
The Zoning Hearing Board is an independent, quasi-judicial body made up of Township residents who volunteer their time to serve the community. The Board hears and decides zoning-related matters, including requests for variances, special exceptions, and appeals of decisions made by the Zoning Officer. These matters are considered through public hearings, with decisions made in accordance with the Township's Zoning Ordinance and the Pennsylvania Municipalities Planning Code.
Meetings & Applications
The Zoning Hearing Board meets on the third Wednesday of each month, as needed, at 7:00 PM in the Township Municipal Building. Additional meetings may be scheduled when necessary.
Applicants should refer to the Township's published Meeting Schedule and Submission Deadlines for applicable meeting dates and application filing deadlines.
| Member | Term |
|---|---|
| Michael Brown (Voting Member) | 12/27 |
| EmmaLee Loch (Alternate) | 12/27 |
| Richard Benjamin (Alternate) | 12/27 |
| Joseph Rentko (Vice Chairman) | 12/28 |
| Eugene Wolfgang (Chairman) | 12/26 |
FAQS
The North Whitehall Township Zoning Hearing Board (ZHB) is an independent, quasi-judicial body responsible
for hearing and deciding certain matters involving the Township’s Zoning Ordinance.
Although the Zoning Officer administers and enforces the adopted ordinance, certain requests and appeals
must be considered by the Zoning Hearing Board. The Board conducts formal public hearings, considers
testimony and evidence, and issues decisions under the Pennsylvania Municipalities Planning Code (MPC)
and the Township’s Zoning Ordinance.
The Zoning Hearing Board does not create or amend zoning regulations. It considers specific requests
and appeals under the laws and standards governing its authority.
for hearing and deciding certain matters involving the Township’s Zoning Ordinance.
Although the Zoning Officer administers and enforces the adopted ordinance, certain requests and appeals
must be considered by the Zoning Hearing Board. The Board conducts formal public hearings, considers
testimony and evidence, and issues decisions under the Pennsylvania Municipalities Planning Code (MPC)
and the Township’s Zoning Ordinance.
The Zoning Hearing Board does not create or amend zoning regulations. It considers specific requests
and appeals under the laws and standards governing its authority.
The North Whitehall Township Zoning Hearing Board is composed of community members who volunteer their
time to serve the Township.
Zoning Hearing Board members are not Township employees or staff members. They are residents appointed
by the Township’s Board of Supervisors to serve on an independent, quasi-judicial body.
Board members are responsible for hearing and deciding applications, appeals, and other matters within their
authority under the Pennsylvania Municipalities Planning Code (MPC) and the Township’s Zoning Ordinance.
Although appointed by the Board of Supervisors, the Zoning Hearing Board operates independently when
considering applications and issuing decisions. Its members must evaluate each matter based on the
applicable law and evidence presented during the hearing.
time to serve the Township.
Zoning Hearing Board members are not Township employees or staff members. They are residents appointed
by the Township’s Board of Supervisors to serve on an independent, quasi-judicial body.
Board members are responsible for hearing and deciding applications, appeals, and other matters within their
authority under the Pennsylvania Municipalities Planning Code (MPC) and the Township’s Zoning Ordinance.
Although appointed by the Board of Supervisors, the Zoning Hearing Board operates independently when
considering applications and issuing decisions. Its members must evaluate each matter based on the
applicable law and evidence presented during the hearing.
Township staff provide administrative and technical support to the Zoning Hearing Board, including processing
applications, coordinating hearing notices, and providing relevant zoning information.
The Zoning Officer may also participate in hearings to explain applicable ordinance provisions, present zoning
determinations, or provide testimony when appropriate.
Township staff do not vote on Zoning Hearing Board applications or determine the outcome of a hearing.
The Zoning Hearing Board members are responsible for making decisions within the Board’s legal authority.
applications, coordinating hearing notices, and providing relevant zoning information.
The Zoning Officer may also participate in hearings to explain applicable ordinance provisions, present zoning
determinations, or provide testimony when appropriate.
Township staff do not vote on Zoning Hearing Board applications or determine the outcome of a hearing.
The Zoning Hearing Board members are responsible for making decisions within the Board’s legal authority.
- You are seeking a variance from a zoning requirement.
- Your proposed use is listed as a special exception under the Zoning Ordinance.
- You wish to appeal a determination or enforcement notice issued by the Zoning Officer.
- You are requesting another form of relief or review within the Board’s legal jurisdiction.
A variance is a request for relief from a specific ordinance requirement when an applicant believes the legal
standards for granting that relief have been met.
Dimensional variance: Relief from a physical development standard such as a required setback or building-
height limitation. For example, a homeowner proposing an addition that cannot satisfy the required side-yard
setback may request a dimensional variance.
Use variance: Relief to establish a use that is not permitted in the property’s zoning district.
standards for granting that relief have been met.
Dimensional variance: Relief from a physical development standard such as a required setback or building-
height limitation. For example, a homeowner proposing an addition that cannot satisfy the required side-yard
setback may request a dimensional variance.
Use variance: Relief to establish a use that is not permitted in the property’s zoning district.
No. A variance is not an alternative permit that applicants are automatically entitled to receive. The Board
evaluates the legal criteria, including whether the circumstances support the necessary hardship. Preference,
convenience, financial considerations, or a neighbor’s agreement alone do not establish entitlement.
Applicants must present evidence supporting their requests.
evaluates the legal criteria, including whether the circumstances support the necessary hardship. Preference,
convenience, financial considerations, or a neighbor’s agreement alone do not establish entitlement.
Applicants must present evidence supporting their requests.
Despite its name, a special exception is not necessarily an exception to the rules. It is a use identified in
the ordinance as potentially permitted in a district, subject to Zoning Hearing Board review and approval under
specified standards.
Special exception review also involves the Planning Commission. Its role is advisory; the Zoning Hearing
Board makes the decision. North Whitehall’s ordinance provides an exception to Planning Commission
advisory review for general home occupations and requires statutory ZHB deadlines to be honored even if
advisory comments have not been received.
How Does Special Exception Review Work?
1. **Application:** Submit the required application, site plans, supporting documents, and fees.
2. **Zoning Officer:** Reviews applicable zoning provisions and provides input on the proposal.
3. **Planning Commission:** Has an opportunity to review and provide advisory recommendations where
required.
4. **Zoning Hearing Board:** Holds a public hearing and decides whether the application satisfies the
applicable standards.
Planning Commission review is not approval, and a favorable recommendation does not replace ZHB action or
other required permits.
the ordinance as potentially permitted in a district, subject to Zoning Hearing Board review and approval under
specified standards.
Special exception review also involves the Planning Commission. Its role is advisory; the Zoning Hearing
Board makes the decision. North Whitehall’s ordinance provides an exception to Planning Commission
advisory review for general home occupations and requires statutory ZHB deadlines to be honored even if
advisory comments have not been received.
How Does Special Exception Review Work?
1. **Application:** Submit the required application, site plans, supporting documents, and fees.
2. **Zoning Officer:** Reviews applicable zoning provisions and provides input on the proposal.
3. **Planning Commission:** Has an opportunity to review and provide advisory recommendations where
required.
4. **Zoning Hearing Board:** Holds a public hearing and decides whether the application satisfies the
applicable standards.
Planning Commission review is not approval, and a favorable recommendation does not replace ZHB action or
other required permits.
Generally, no.
The Zoning Officer administers and applies the ordinance within the authority it grants, but
cannot independently grant variances or approve uses that require Board authorization. The Officer can
identify relevant ordinance provisions and explain the applicable process.
The Zoning Officer administers and applies the ordinance within the authority it grants, but
cannot independently grant variances or approve uses that require Board authorization. The Officer can
identify relevant ordinance provisions and explain the applicable process.
Applicants submit the appropriate Zoning Hearing Board application, required fees, and supporting information
to the Township. Depending on the request, materials may include:
forms and confirm copy requirements before filing.
to the Township. Depending on the request, materials may include:
- Property and applicant identification; description of the proposed work or use.
- The specific provisions involved and a written explanation supporting the relief requested.
- Site or plot plans, surveys, photographs, or other pertinent evidence.
- The required list of property owners within 300 feet of the subject property.
- Other submission materials required by the applicable ordinance section or Township application.
forms and confirm copy requirements before filing.
A ZHB hearing is a formal public legal proceeding, not an informal discussion with staff. Understanding who
may participate and how testimony is received can help applicants prepare.
Public Notice and Neighbor Notification
Hearings are publicly noticed as required by Pennsylvania law. North Whitehall requires applicants to submit a
list of property owners within 300 feet of the subject property’s boundaries. The Township endeavors to notify
these owners, and notice is posted on the subject property when required.
Applicants are responsible for ensuring required property postings remain in place until the hearing.
Receiving notice does not give a neighbor veto authority over the application.
Who May Be Present?
How Does the Hearing Work?
The reporter records testimony, questions, and statements so an official record is available, including for a
potential appeal. Appearance and transcript costs are governed by the MPC; the reporter’s appearance fee is
generally shared equally between the applicant and Board. Additional transcript costs may apply.
What If Someone Objects?
Objectors or neighboring property owners may attend, offer relevant concerns within hearing rules, or request
party status. Opposition does not automatically require denial, and the lack of opposition does not ensure
approval. The Board decides under applicable law and the evidence.
Will the Board Decide That Evening?
Not always. A hearing may be continued or a written decision issued afterward. Statutory deadlines govern
written decisions and notice.
How Can Applicants Prepare?
may participate and how testimony is received can help applicants prepare.
Public Notice and Neighbor Notification
Hearings are publicly noticed as required by Pennsylvania law. North Whitehall requires applicants to submit a
list of property owners within 300 feet of the subject property’s boundaries. The Township endeavors to notify
these owners, and notice is posted on the subject property when required.
Applicants are responsible for ensuring required property postings remain in place until the hearing.
Receiving notice does not give a neighbor veto authority over the application.
Who May Be Present?
- Zoning Hearing Board members and Board legal counsel.
- The applicant, representatives, or attorneys.
- The Zoning Officer and, when relevant, Township representatives.
- A **court reporter / stenographer**, who creates the official record.
- Witnesses, engineers, surveyors, architects, or other consultants.
- Neighbors, objectors, and interested residents, some of whom may seek formal party status.
How Does the Hearing Work?
- The Board identifies the application and opens proceedings.
- The applicant presents the requested relief and supporting evidence or sworn testimony.
- Board members, counsel, and participating parties may ask questions under hearing procedures.
- Other permitted testimony and evidence may be received.
- The Board evaluates the legal standards and evidence; a decision may be announced or issued later.
The reporter records testimony, questions, and statements so an official record is available, including for a
potential appeal. Appearance and transcript costs are governed by the MPC; the reporter’s appearance fee is
generally shared equally between the applicant and Board. Additional transcript costs may apply.
What If Someone Objects?
Objectors or neighboring property owners may attend, offer relevant concerns within hearing rules, or request
party status. Opposition does not automatically require denial, and the lack of opposition does not ensure
approval. The Board decides under applicable law and the evidence.
Will the Board Decide That Evening?
Not always. A hearing may be continued or a written decision issued afterward. Statutory deadlines govern
written decisions and notice.
How Can Applicants Prepare?
- Review the exact ordinance provisions and requested relief.
- Bring relevant plans, surveys, photographs, and supporting documents.
- Arrange witnesses or consultants as necessary.
- Consider counsel for complex cases or appeals.
- Be ready to explain the project and answer relevant questions under oath.
I Received Notice. What Does That Mean?
A property owner or applicant has requested zoning relief, a special exception, or another matter within the
Board’s authority. A notice does not mean a project has been approved or that a violation occurred. It
informs you of an opportunity to learn about the matter and potentially participate.
Can I Attend Without Receiving Notice?
Yes. Hearings are open to the public. Attending, speaking, and possessing formal party status are not
necessarily the same thing.
What If I Have Concerns?
Review the application and consider which applicable zoning standards relate to your concern. Depending on
the case, relevant matters may include use compatibility, setbacks, traffic or access, drainage, buffering, or
whether the evidence supports the requested relief. Personal disagreement by itself is not necessarily a
ground for denial.
What Is Party Status?
Individuals affected by an application may request to enter an appearance as a party under the MPC and the
Board’s procedures. Qualifying parties may have rights to present evidence, call or question witnesses, and
make legal arguments. Receiving notice or attending does not automatically grant party status.
Residents considering formal opposition or an appeal should consider legal advice, particularly because
participation and appeal rights can depend on the circumstances.
Do I Need an Attorney?
No attorney is automatically required simply to attend or participate. Because proceedings involve evidence
and legal standards, residents seeking party status or planning an appeal may benefit from counsel. Township
staff cannot represent private parties or provide individualized legal advice.
May I Bring Photos or Ask Questions?
Relevant photographs, plans, and other evidence may be offered subject to hearing procedures and
evidentiary rulings. Opportunities to question witnesses depend on party status and hearing rules. Follow the
direction of the Board Chair or hearing officer rather than interrupting testimony.
Does the Board Have to Agree With My Objection?
No. The Board applies the ordinance, governing law, and admitted evidence. Neither support nor opposition
alone controls the outcome.
A property owner or applicant has requested zoning relief, a special exception, or another matter within the
Board’s authority. A notice does not mean a project has been approved or that a violation occurred. It
informs you of an opportunity to learn about the matter and potentially participate.
Can I Attend Without Receiving Notice?
Yes. Hearings are open to the public. Attending, speaking, and possessing formal party status are not
necessarily the same thing.
What If I Have Concerns?
Review the application and consider which applicable zoning standards relate to your concern. Depending on
the case, relevant matters may include use compatibility, setbacks, traffic or access, drainage, buffering, or
whether the evidence supports the requested relief. Personal disagreement by itself is not necessarily a
ground for denial.
What Is Party Status?
Individuals affected by an application may request to enter an appearance as a party under the MPC and the
Board’s procedures. Qualifying parties may have rights to present evidence, call or question witnesses, and
make legal arguments. Receiving notice or attending does not automatically grant party status.
Residents considering formal opposition or an appeal should consider legal advice, particularly because
participation and appeal rights can depend on the circumstances.
Do I Need an Attorney?
No attorney is automatically required simply to attend or participate. Because proceedings involve evidence
and legal standards, residents seeking party status or planning an appeal may benefit from counsel. Township
staff cannot represent private parties or provide individualized legal advice.
May I Bring Photos or Ask Questions?
Relevant photographs, plans, and other evidence may be offered subject to hearing procedures and
evidentiary rulings. Opportunities to question witnesses depend on party status and hearing rules. Follow the
direction of the Board Chair or hearing officer rather than interrupting testimony.
Does the Board Have to Agree With My Objection?
No. The Board applies the ordinance, governing law, and admitted evidence. Neither support nor opposition
alone controls the outcome.
How Will I Know the Outcome?
Following the hearing, the Zoning Hearing Board issues a written decision under the MPC. The Board may
approve, approve with conditions, or deny the request. Applicants should carefully review the written decision
and all requirements.
What If My Application Is Approved?
ZHB approval does not automatically authorize construction or the proposed use. Zoning, UCC,
subdivision/land development, or other approvals may still be required. Applicants must satisfy conditions and
obtain all necessary permits before beginning regulated work.
How Long Do I Have to Act on an Approval?
Under § 440-18H, applicants generally must secure the necessary permits within 12 months after variance
approval or other qualifying authorization. Authorized work generally must begin within 12 months of permit
issuance; construction of a building or structure generally must be completed within 12 months after
construction begins.
There are special timing provisions when land development plans, federal or state authorizations, or court
appeals are involved. Do not assume that an approval remains valid indefinitely.
Can I Request an Extension?
Upon timely application and good cause shown, the Zoning Hearing Board may extend an approval for up
to 12 months. The application must be submitted before the current approval period expires. Extensions are
not automatic, and the ordinance provides for fees on permit renewals.
What If My Application Is Denied?
The written decision explains the Board’s determination. Applicants may review the decision and consult legal
counsel about options, including whether a court appeal is appropriate.
Can the Decision Be Appealed?
Certain applicants, parties, and legally aggrieved persons may appeal to the Lehigh County Court of
Common Pleas. Land-use appeals generally have a 30-day statutory filing period, but the applicable
deadline and starting point depend on the circumstances and law. Anyone considering an appeal should seek
legal guidance promptly.
What If I Want to Change My Approved Project?
Changes that materially affect matters addressed by the Board may require further ZHB authorization.
Contact the Zoning Department before modifying approved plans or conditions.
Following the hearing, the Zoning Hearing Board issues a written decision under the MPC. The Board may
approve, approve with conditions, or deny the request. Applicants should carefully review the written decision
and all requirements.
What If My Application Is Approved?
ZHB approval does not automatically authorize construction or the proposed use. Zoning, UCC,
subdivision/land development, or other approvals may still be required. Applicants must satisfy conditions and
obtain all necessary permits before beginning regulated work.
How Long Do I Have to Act on an Approval?
Under § 440-18H, applicants generally must secure the necessary permits within 12 months after variance
approval or other qualifying authorization. Authorized work generally must begin within 12 months of permit
issuance; construction of a building or structure generally must be completed within 12 months after
construction begins.
There are special timing provisions when land development plans, federal or state authorizations, or court
appeals are involved. Do not assume that an approval remains valid indefinitely.
Can I Request an Extension?
Upon timely application and good cause shown, the Zoning Hearing Board may extend an approval for up
to 12 months. The application must be submitted before the current approval period expires. Extensions are
not automatic, and the ordinance provides for fees on permit renewals.
What If My Application Is Denied?
The written decision explains the Board’s determination. Applicants may review the decision and consult legal
counsel about options, including whether a court appeal is appropriate.
Can the Decision Be Appealed?
Certain applicants, parties, and legally aggrieved persons may appeal to the Lehigh County Court of
Common Pleas. Land-use appeals generally have a 30-day statutory filing period, but the applicable
deadline and starting point depend on the circumstances and law. Anyone considering an appeal should seek
legal guidance promptly.
What If I Want to Change My Approved Project?
Changes that materially affect matters addressed by the Board may require further ZHB authorization.
Contact the Zoning Department before modifying approved plans or conditions.
- Zoning Hearing Board General Information and Application
- Praecipe for Appearance / Party Status Form
- Zoning Hearing Board agendas, notices, decisions, and hearing schedule
- North Whitehall Township Zoning Ordinance – Chapter 440
- Pennsylvania Municipalities Planning Code
Source and Publication Review Notes
Principal sources: North Whitehall Township Code, Chapter 440, §§ 440-18, 440-19, and 440-26;
Pennsylvania Municipalities Planning Code §§ 908 and 1002-A; Township ZHB application/forms. Verify
current schedules, filing fees, meeting procedures, and form links prior to publication.
Editorial note: This document is resident-facing educational guidance. Its provisions do not replace ordinance
text, hearing rules, or legal advice.