Zoning Hearing Board — Variances, Special Exceptions & Land Use 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 doesn't 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're going to 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 only permits residential uses. Use variances require proving genuine hardship — not just inconvenience or reduced profitability.

To obtain any variance, the applicant must demonstrate:

• 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
• The hardship was not self-created by the applicant

Special Exceptions

A special exception (sometimes called a "conditional use" depending on the ordinance) is a use that the zoning ordinance already permits — but only if the applicant satisfies specific conditions listed in the ordinance. Unlike a variance, you don't need to prove hardship. You need to prove 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 does not employ non-resident employees, does not generate traffic beyond normal residential levels, and has no exterior signage. If you meet those conditions, the ZHB must grant the special exception.

The ZHB Hearing Process

The process follows a predictable pattern:

1. Application: File with the municipality. Pay the application fee (varies by municipality — typically $500 to $2,000+). Include site plans, surveys, and supporting documentation.
2. Public notice: The municipality publishes notice in a newspaper of general circulation at least 15 days before the hearing. The applicant must also post the property with a sign.
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 within 45 days of the last hearing. The decision includes findings of fact and conclusions of law.
5. Appeal: Any party aggrieved by the ZHB's decision may appeal to the Bucks County Court of Common Pleas within 30 days of the decision.

Land Use Appeals

If the ZHB denies your application — or if a neighbor's application is granted and you believe it was wrong — the appeal goes to the Court of Common Pleas. The court reviews the ZHB's decision on the record (no new evidence unless it wasn't available at the ZHB hearing). The standard of review is whether the ZHB committed an abuse of discretion or an error of law.

Land use appeals are governed by the MPC and the Pennsylvania Rules of Appellate Procedure. The 30-day appeal deadline is jurisdictional — miss it and the decision stands.