Zoning variances in Philadelphia, step by step
Variances and special exceptions, who does what — architect, attorney, the RCO and the Zoning Board — and how long it usually takes from filing to hearing.
Where this applies Philadelphia’s Zoning Board of Adjustment. Elsewhere in Pennsylvania and in New Jersey the board and the steps differ — see “Outside Philadelphia” below.
When a design asks for something the zoning code doesn’t allow by right, it needs approval from the Zoning Board of Adjustment, the ZBA. That approval comes in two forms, and L&I tells you which one applies when it reviews the zoning application.
Variance or special exception
- A variance is permission to depart from a requirement of the code — more height or more units than the district allows, a smaller rear yard, a use the district doesn’t permit. L&I issues a refusal. In deciding, the Board applies criteria set in the zoning code, among them whether conditions particular to the property create a hardship and whether the relief asked for is the least that will do.
- A special exception is for a use the code already lists for that district, but only with the Board’s approval. L&I issues a referral, and the Board checks the project against the standards the code sets for that use.
Either way, the appeal follows the same path.
How it usually goes
- Concept. We design the project with you, with the zoning question in view from the start.
- Zoning drawings. We prepare the zoning drawings — site plan, plans, elevations and often renderings. They are filed for a zoning permit, and L&I’s refusal or referral opens the appeal.
- The appeal. It has to be filed within 30 days of the refusal or referral. A corporation, LLC or nonprofit must be represented by an attorney licensed in Pennsylvania. Individual owners can appear for themselves, but most of our clients hire a zoning attorney, who files the appeal and runs it from there.
- Community meeting. Before the hearing, the Registered Community Organizations for the area hold a public meeting about the appeal. The applicant’s side — usually the attorney — presents the project and provides what the RCO asks for. Support from the neighbors helps, and owners usually gather it.
- Hearing. The Board hears the case and can grant it, grant it with conditions, deny it or continue it to another date. Jared can present the design at the community meeting or the hearing.
- After the decision. We finish the permit drawings to match the approved zoning plan, and the building permit is filed. A decision can be appealed to the Court of Common Pleas within 30 days.
How long
In our experience it is often around four to five months from filing to the hearing in Philadelphia, depending on the Board’s calendar and any continuances. The outcome rests on the facts of the case and the Board’s judgment.
Outside Philadelphia
Pennsylvania townships and boroughs have a zoning hearing board; some uses need conditional-use approval from the governing body, with planning-commission review first. New Jersey towns use a planning board or a zoning board of adjustment, with a completeness review before the hearing. The shape is the same: drawings, notice to neighbors, a public hearing, then permits.
Whether your project needs zoning relief, and how strong its case is, depends on the district and the property. We can tell you early what the drawings show; your attorney advises on the case itself.
