How do I appeal a zoning determination or application rejection?
The Zoning Board of Adjustment is an independent panel that hears appeals of previously rejected zoning applications and has the authority to overturn a decision by the Department of Licenses and Inspections.
Zoning Appeals:
Notice of Refusal- If the examiner concludes that a project does not conform to the Philadelphia Zoning Code; a Notice of Refusal will be issued.
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If you wish to appeal this decision, you must file a Petition of Appeal to appear before the Zoning Board of Adjustment (ZBA) and request a variance to the Zoning Code.
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If the ZBA approves the variance, you may then acquire a Zoning Permit by presenting the decision to Permit Services and proceed with the Building Permit process.
Notice of Referral: Some uses, although permitted by the Zoning Code, require that public hearings be held. This gives the community an opportunity to be heard with regard to a proposed project.
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Applications in this category are referred to the ZBA.
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If the ZBA grants approval, a Certificate is issued. This must be presented to the Permit Services for the permit to be issued.
To File an Appeal: Any zoning decision can be appealed to the Zoning Board of Adjustment.
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Written instructions for filing an application are mailed out with the Refusal or Referral notice.
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An appeal must be filed within 30 days after the date of refusal or referral.
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To file by mail, send your paperwork and payment to L+I's Boards Administration Unit:
Zoning Board of Adjustment, One Parkway Building
1515 Arch Street, 18th Floor, Philadelphia, PA 19102
Telephone: (215) 686-2429; (215) 686-2430
Fax: (215) 686-2565
- To file an appeal in person you must make an appointment. You can use the online appointment system to schedule your visit. Once you’ve entered your contact information, select “Zoning Board of Adjustment” and choose “File appeal.” Bring all required paperwork and payment.
- To file online, upload a PDF copy of the completed application package and pay in eCLIPSE. You must upload all of the required documents with your application. Incomplete applications will not be processed.
Further Information:For complete information on how to appeal, visit https://www.phila.gov/services/zoning-planning-development/appeal-a-zoning-decision-to-the-zoning-board-of-adjustment-zba/.
ZBA Decision:
When the ZBA reaches a decision, you will be notified in writing.
- If the ZBA rules in favor of a variance and/or special exception, L&I will be notified via eCLIPSE within 2 weeks of the decision date. However, if you need the permit sooner, you may complete an online help form and upload a copy of the Notice of Decision: https://form.jotform.com/202434637485055
- If the ZBA denies your request for a variance and/or special exception, you have an option to appeal this decision to the Court of Common Pleas. This appeal against the decision of the ZBA must be filed within thirty (30) days of the date of the Notice of Decision.