ZBA Fee Increases May Raise Zoning Variance Costs in Philadelphia

A proposal currently before Philadelphia City Council could significantly affect the cost of pursuing zoning relief in the city.  

Bill 260203, introduced by Council President Kenyatta Johnson and Councilmember Katherine Gilmore Richardson, would increase a wide range of fees charged by the city of Philadelphia’s Zoning Board of Adjustment (ZBA).  The bill is presently in committee and is expected to draw close scrutiny from neighborhood groups, homeowners, businesses, and development advocates. 

Why ZBA Fees Matter 

The ZBA plays a critical role in Philadelphia’s landuse system.  Property owners who wish to use or develop land in a manner that does not strictly comply with the Philadelphia Zoning Code, whether to construct an addition, open a business, or build new housing, often must seek a variance or special exception from the ZBA.  Through public hearings, the ZBA attempts to balance neighborhood concerns, property rights, and broader development goals.  Because ZBA approval is often a prerequisite to moving forward with a project, the cost of applying can be a meaningful barrier, especially for small property owners and communityscale projects. 

What Bill 260203 Proposes 

Many fees assessed by the ZBA have remained unchanged for years.  Bill 260203 would significantly revise the current fee structure, increasing costs across several categories.  Proponents argue the increases would help the City recover administrative costs and reduce reliance on the general fund. 

Under the Proposed Legislation: 

• Zoning variance appeals not involving existing one or twofamily dwellings or affordable housing projects would increase from $300 to $811.

• Accelerated zoning variance appeals would rise from $750 to $995, in addition to the standard application fee.

• The maximum accelerated hearing fee for simultaneous hearings resulting from multiple permit applications would increase from $2,250 to $2,985, although accelerated hearing fees for affordable housing projects would remain $0.

• The administrative review fee would increase from $200 to $265.

• A new fee of $151 would be created for amending a zoning permit with leave of the ZBA. 

Potential Impact on Applicants 

If adopted, these changes could make it more expensive for residents and small developers to pursue zoning relief, particularly for projects that already face high design, legal, and permitting costs.  While large commercial developments may be able to absorb higher fees, the impact on homeowners, momandpop businesses, and modest redevelopment projects could be more significant. 

As the bill moves through committee, City Council is expected to receive testimony from civic organizations, planning professionals, and the development community.  Amendments remain possible, particularly concerning the bill’s impact on lowincome homeowners and smaller projects. 

What to Watch Going Forward 

Regardless of its final form, Bill 260203 highlights the ZBA’s central role in shaping how Philadelphia grows and raises important questions about who can afford to participate in the zoning variance process.  Property owners and practitioners should keep a close eye on this legislation, as increased fees could alter the economics of seeking zoning variance relief citywide. 

Have questions about your project? Please reach out to Alex Goldberg on our zoning team.

This article was prepared by a licensed Pennsylvania attorney at Nochumson P.C., a Philadelphia-based law firm with extensive experience in all thing's real estate, litigation, land use and zoning, and business counseling.