Allentown City Zoning Code
ARTICLE 1
Introductory Provisions
§ 660-1 Legal framework.
A.
Title. These regulations are officially known as the "Zoning Ordinance of the City of Allentown." For convenience the regulations are referred to throughout this document as "this chapter."
B.
Authority. This chapter is adopted pursuant to the City's home rule charter and the grant of powers contained in the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Effective date. The provisions of this chapter become effective on January 1, 2026, except as otherwise expressly stated herein.
D.
Applicability and jurisdiction.
(1)
This chapter applies to all public and private use and development of properties within the corporate limits of the City of Allentown, except as otherwise provided by state or federal law or as otherwise expressly stated in this chapter.
(2)
This chapter does not apply to any lot, building, or use owned by the City or to any lot, building, or use authorized by the Mayor or City Council by virtue of a lease or other contract.
E.
Purposes. This chapter is adopted for the purposes of:
(1)
Protecting and promoting the public health, safety, and general welfare;
(2)
Implementing the policies and goals of the comprehensive plan, and other relevant, officially adopted plans of the City; and
(3)
Achieving all of the other stated purposes and objectives set forth in this chapter.
F.
Community objectives. This chapter is adopted to achieve the following community objectives:
(1)
To protect and preserve existing neighborhoods while encouraging reinvestment and revitalization;
(2)
To accommodate and promote walkable, mixed-use development patterns;
(3)
To increase opportunities for decent, safe, and affordable housing;
(4)
To protect historic resources;
(5)
To encourage use and expansion of alternative transportation modes, including transit, pedestrian and bicycle modes;
(6)
To preserve and promote employment-generating manufacturing uses;
(7)
To promote economic development; and
(8)
To implement the policies and goals of the comprehensive plan.
G.
Minimum requirements.
(1)
The regulations of this chapter are deemed the minimum requirements necessary to carry out their stated purpose.
(2)
In addition to the requirements of this chapter, all uses, buildings, structures, and signs must comply with all other applicable ordinances, laws, and regulations and with decisions made by other governmental or quasi-governmental bodies with jurisdiction.
(3)
All references in this chapter to other governmental regulations are for informational purposes only. Such references do not constitute a complete list of such regulations. These references do not imply any responsibility for the City to enforce regulations imposed by other authorities.
H.
Compliance required.
(1)
All lots created or modified must comply with all applicable provisions of this chapter.
(2)
Land may not be used for any purpose other than ones that are allowed by the provisions of this chapter.
(3)
A building or structure may not be erected, located, moved, reconstructed, extended, or structurally altered except as allowed by this chapter.
(4)
Buildings, structures, and land may be used and occupied only in compliance with the provisions of this chapter.
I.
Conflicting provisions.
(1)
State law. If the provisions of this chapter conflict with state law, state law prevails and governs.
(2)
Other City regulations. If the provisions of this chapter are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.
(3)
Private agreements and restrictions. The regulations of this chapter are not intended to abrogate or annul any easements, covenants, or other private agreements or restrictions.
(4)
Text and illustrations. In case of any difference of meaning or implication between the text of this chapter and any heading, drawing, table, figure or illustration, the text governs.
J.
Delegation of authority. Whenever a provision of this chapter requires the head of a department or another official or employee to perform an act or duty, that provision is to be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority.
K.
Effect of chapter and approvals. The provisions of this chapter or of any actions, permits, or decisions of the Zoning Officer or Zoning Hearing Board are not to be interpreted as establishing an easement or authorization of an encroachment upon any property.
L.
Severability.
(1)
If one or more provisions of this chapter, or the application of this chapter to specific properties is held by a court of competent jurisdiction to be unlawful, invalid, unenforceable, or preempted by applicable state or federal law or regulations, such provisions are deemed to be severed from this chapter. The City Council declares that it would have passed the entire chapter, except those parts declared unlawful, invalid, unenforceable, or preempted, if it had knowledge that such parts would be declared unlawful, invalid, unenforceable, or preempted. All provisions not declared unlawful, invalid, unenforceable, or preempted therefore remain in full force and effect.
(2)
If any requirement or condition attached to an approval given under this chapter is found to be invalid by a court of competent jurisdiction, it will be presumed that the approval would not have been given without the requirement or condition and, therefore, the subject approval will also be deemed invalid.
§ 660-2 Zoning Map.
A.
Establishment. The location and boundaries of the zones defined in this chapter are shown on the City's official Zoning Map, which are declared to be a part of this chapter.
B.
Interpretation. If the street or lot layout actually on the ground, or as recorded, differs from the street or lot layout shown on the Zoning Map, the Zoning Officer is authorized to interpret the map in a way that will best carry out the purposes and intent of this chapter for the subject area or zone.
C.
Split-zoned parcels.
(1)
The Zoning Map may not be amended to classify a single parcel into two or more base zones.
(2)
No new parcel may be created, whether by division or combination of multiple parcels, that would result in a split-zoned parcel. Approval of a Zoning Map amendment (rezoning) classifying any proposed new parcel or parcels must be approved before the parcel is created.
D.
Rights-of-way and waterbodies.
(1)
The zoning classification of parcels abutting public rights-of-way extends to the centerline of such rights-of-way. If a right-of-way is vacated, the zoning classification of parcels abutting each side of the right-of-way applies to each respective half of the right-of-way unless the Zoning Map is amended to rezone the vacated right-of-way in a different manner, based on ownership patterns or actual on-the-ground conditions.
(2)
Waterways and waterbodies that lie outside of individual property boundaries or that are otherwise not assigned a zoning classification on the official Zoning Map are deemed to be classified in the P1 (Parks and Open Space) Zone.
E.
Zoning upon annexation. When land is annexed or otherwise brought into the zoning jurisdiction of the City, it will automatically be classified in the N5 Zone until such time that a Zoning Map amendment is approved assigning another zoning classification in accordance with the Zoning Map amendment procedures of § 660-112.
