Zoning Board of Adjustment

The Zoning Board of Adjustment (ZBA) is the quasi-judicial board that hears appeals from decisions of the Department of Licenses and Inspections on zoning permits and violations. When a proposed use or building does not comply with the Zoning Code, the ZBA can grant a variance or special exception, or uphold the refusal.^[1]

1 Composition

The ZBA has seven members. As listed on phila.gov in 2026, William Bergman chairs, Tonnetta Graham is vice chair, and Cheryl L. Gaston is secretary; other members are Layla Bibi, Michael Johns, Ryan McAdams and Tya Winn, with Hilary Emerson as board counsel.^[1] Members are appointed by the mayor under the Home Rule Charter. Staff are housed within the Department of Planning and Development at 1515 Arch Street. Revised ZBA regulations were adopted on June 10, 2026 and took effect July 10, 2026.^[2]

2 Variances and special exceptions

A variance is permission to depart from the Code, such as building taller or using land in a way the district does not allow. Under Pennsylvania law the applicant must generally show an unnecessary hardship arising from the property's unique conditions, not self-created, and that the variance is the minimum needed and will not harm the public interest. A special exception is a use the Code allows in a district if specified criteria are met. The ZBA also decides appeals by people who argue that L&I wrongly issued a permit or violation.

3 The appeal process step by step

1. Refusal or referral. L&I refuses a zoning permit application or refers it for a special exception.
2. File within 30 days. The applicant has 30 days to file an appeal application with the ZBA.^[3]
3. Notice. For variances and special exceptions, the applicant must notify neighbors and the relevant Registered Community Organization, attend a community meeting, and post a notice on the property.
4. Hearing. The ZBA schedules a public hearing. The applicant presents, and anyone wishing to testify, including neighbors and the RCO, may be heard.
5. Decision. The Board votes to grant (sometimes with conditions called provisos), deny, or continue the case.

4 Fees and representation

Effective August 1, 2026, the posted filing fee is $125 for one- and two-family homes and affordable housing projects and $811 for other properties, with an administrative-review fee of $265, a reposting fee of $177, and an accelerated-hearing option at $995 per property.^[3] Individuals may appear on their own behalf; corporations and LLCs must be represented by a Pennsylvania-licensed attorney.

5 Appealing the ZBA's decision

A party aggrieved by a ZBA decision, including an applicant who is denied or a neighbor who objects to a grant (if they have standing), has 30 days to appeal to the Philadelphia Court of Common Pleas.^[3] See Court of Common Pleas and Municipal Court. Further appeals go to the Commonwealth Court of Pennsylvania, whose opinions on Philadelphia variances regularly refine the standards.

6 Debates

Neighborhood groups and developers disagree about how much weight RCO opposition should carry before the ZBA, and some critics argue the number of variance requests shows the Code is out of step with the city's housing needs. The Board's decisions are legal rulings on the record, not votes on popularity, and testimony on hardship and Code criteria is what matters in court review.

See also: Philadelphia City Planning Commission, Philadelphia Historical Commission, How to File a Complaint.

References

1. City of Philadelphia, Zoning Board of Adjustment, phila.gov/departments/zoning-board-of-adjustment (accessed October 2026).
2. Zoning Board of Adjustment, Final Regulations, adopted June 10, 2026, effective July 10, 2026, phila.gov.
3. City of Philadelphia, "Appeal a zoning decision to the Zoning Board of Adjustment (ZBA)," phila.gov/services (accessed October 2026; fee schedule effective August 1, 2026).