A Political Loophole in Allentown’s Zoning Code

This blog’s big themes on zoning are that the zoning codes themselves should be less prescriptive, and that the zoning process should be rule-based, not seriatim, with minimal opportunities for political discretion. I actually like most of the Allentown code, but this section has to go. Politicians shouldn’t be able to use personal discretion to exempt developers from the code. Especially not to relax billboard regulations of all things:

Is Allentown’s entire zoning law being undermined by one short phrase within that law?

On Monday night, representatives of local businessman/developer Abe Atiyeh argued that it is, during nearly three hours of testimony before the Allentown Zoning Hearing Board.

The controversial phrase is within Section 1311.17 of the city’s zoning ordinance. It states the ordinance does not apply “for a use authorized by the mayor or city council by virtue of a lease or other contract.”

Officials from several of Atiyeh’s 50 “or so” companies want the zoning hearing board to rule that 1311.17 is invalid. They said it violates state law.

They also argued it is a discriminatory and unconstitutional “get out of jail free” card. They said anyone entering into such contracts with the mayor or council is exempted from following any of the other provisions in the city’s zoning ordinance.

“If we wanted to do something outside the purview of the zoning ordinance, I’d have to go to the mayor of Allentown or city council and have them sign a contract with me outside any public notice proceeding,” said Atty. Mickey Thompson, who works for Atiyeh. “I find that to be patently unlawful.”

(via WFMZ)

Comments

  1. I have been trying to get Allentown Zoning board to allow me to do massages out of my W. walnut Allentown pa Home. They gave me a business license when I incorporated in 2006. They gave me the right to do everything for business in my home except hands on Note I have a state Pa massage license, a New York State license, and a National Massage license on September 17th they finally granted me a Kangaroo zoning court hearing cost me $450.00 for this Kangaroo court hearing no one protested so they come up with the house was built in 1910, never had a business, 5 people in one day way too many people to have come to my home in one day, finally massage is a personal service!. Note 80% of my massage are medically based, scoliosis, sternostenosis, replacement hips and knees, sciatica, carpal tunnel, thoracic outlet, post polio, just to name a few. I can work for the chiropractor located next door to me but as far as the zoning board us concerned I can not work for my self. Now I am waiting for them to send the denial notice for I can appeal their opinion. Ugh . Please I will talk to anyone on this issue I am tried of frighting with these people Psmassages@Gmail.com

    • Harriet says:

      Gee…I wonder if you have 6 people come for dinner is that also a violation of the law? Do they have records of how many people ever visited the prior owners in any given day?

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