PA Zoning Hearing Board: Variances, Appeals

In Pennsylvania, every municipality with a zoning ordinance must have a Zoning Hearing Board (ZHB) under the Municipalities Planning Code (MPC), 53 P.S. §§ 10101 et seq. The ZHB is the quasi-judicial body that hears applications for variances and special exceptions and decides appeals from the zoning officer's determinations.

If you want to do something with your property that does not comply with the zoning ordinance (build an addition that encroaches on a setback, operate a business in a residential zone, add an accessory dwelling unit) you will need the ZHB.

Variances

A variance is permission to deviate from the literal requirements of the zoning ordinance. There are two types:

Dimensional variances (the more common type) involve deviations from measurable standards: setbacks, lot coverage, building height, parking spaces, lot width. Example: your lot is 48 feet wide and the ordinance requires 50 feet for a certain structure. You need a dimensional variance of 2 feet.

Use variances allow a use that is not permitted in the zoning district. These are much harder to obtain. Example: you want to operate a small retail shop in a zone that permits only residential uses. Use variances require proving genuine hardship, not just inconvenience or reduced profitability.

The board may grant a variance only if all of the following findings are made where relevant in the case (53 P.S. § 10910.2(a)):

• An unnecessary hardship exists if the variance is denied
• The hardship is unique to the property (not shared by the neighborhood generally)
• The variance will not alter the essential character of the neighborhood
• The variance represents the minimum relief necessary
• Because of those unique conditions, the property cannot be developed in strict conformity with the ordinance, so a variance is needed for reasonable use
• The hardship was not self-created by the applicant

Special Exceptions

A special exception is a use that the zoning ordinance already permits, but only if the applicant satisfies specific conditions listed in the ordinance. The Zoning Hearing Board decides special exceptions (53 P.S. § 10912.1). The functionally similar conditional use grants the same type of permission but is decided by the municipality's governing body, the council or board of supervisors, not the ZHB (53 P.S. § 10913.2). Unlike a variance, you do not need to prove hardship. You must show that your proposal meets the ordinance's stated criteria.

Example: the zoning ordinance permits home occupations in residential zones as a special exception, provided the business employs no non-resident employees, generates no traffic beyond normal residential levels, and has no exterior signage. Meeting those conditions makes out your case, but it does not end the matter. Neighbors and other objectors can still defeat the application by proving a high probability that the use will harm the community beyond what that type of use normally causes. The board may also grant the special exception subject to reasonable conditions and safeguards of its own, in addition to the ones the ordinance already lists (53 P.S. § 10912.1).

The ZHB Hearing Process

The process follows a predictable pattern:

1. Application: File with the municipality. Pay the application fee (the governing body sets the fee, so it varies by municipality). Include site plans, surveys, and supporting documentation.
2. Public notice: The municipality publishes notice in a newspaper of general circulation once each week for two successive weeks, with the first publication not more than 30 days and the second not less than 7 days before the hearing. The affected property must also be posted with a sign at least one week before the hearing.
3. Hearing: The ZHB conducts a public hearing. The applicant presents testimony and evidence. Neighbors and other interested parties may testify in support or opposition. A court reporter typically records the proceedings.
4. Decision: The ZHB must render a written decision, with findings of fact and conclusions of law, within 45 days of the last hearing. If the ZHB fails to decide within that 45-day period, the application is deemed approved in the applicant's favor under 53 P.S. § 10908(9) (other than validity challenges under § 10916.1), unless the applicant agreed in writing or on the record to an extension.
5. Appeal: Any party aggrieved by the ZHB's decision may appeal to the Court of Common Pleas of the county (judicial district) where the property is located (Bucks County for Bucks properties) within 30 days of the decision.

Land Use Appeals

If the ZHB denies your application (or grants a neighbor's application you believe was wrong) the appeal goes to the Court of Common Pleas. The court reviews the ZHB's decision on the record. If a party moves and shows that proper consideration of the appeal requires additional evidence, the judge may hold a hearing to take that evidence, may remand the case to the board, or may refer the case to a referee (53 P.S. § 11005-A). Where the board made findings of fact and the court takes no additional evidence, those findings stand if substantial evidence supports them. The standard of review is whether the ZHB committed an abuse of discretion or an error of law.

The MPC (Article X-A) governs the appeal to the Court of Common Pleas, and the Pennsylvania Rules of Appellate Procedure govern any further appeal. The 30-day appeal deadline is treated as jurisdictional in the great majority of cases: miss it and the decision generally stands. The MPC recognizes narrow exceptions, including where applying the 30-day limit would work an unconstitutional deprivation of due process or where the appellant lacked sufficient notice of the decision.

Legal and factual content on this page was last verified: Sep. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.