Construction and Commercial Real Estate Law

What Is A Zoning Variance? Can I Apply For One In Pennsylvania?

contractor hand pointing to where they need properties on zoning map

Understanding Zoning Variances With A Construction Lawyer

A zoning variance is a request to deviate from current zoning requirements for a specific property. Suppose you're a property owner or contractor in Pennsylvania, and your plans for construction or renovation need to align with the zoning laws in your area. In that case, you may need to apply for a zoning variance. This process can be complex, but with the help of a knowledgeable construction lawyer, you can navigate the application process and increase your chances of approval.


Zoning laws are put in place by local governments to regulate land use and development within specific areas. These laws dictate the types of buildings and structures that can be built and their size, location, and intended use. Property owners must apply for a zoning variance when they want to use their land in a way that doesn't conform to these zoning laws.


The construction lawyers at Davis Bucco & Makara have extensive experience helping construction law cases and navigating construction mistakes. Call today at 610-238-0880 for more information.  

Step 1: Determine if you need a zoning variance

Before applying for a zoning variance, it's essential to determine if your project requires one. Consult with a Pennsylvania construction attorney skilled in zoning and land use laws. They can review your plans and advise you on whether a variance is necessary based on the current zoning regulations in your area.

Step 2: Gather the necessary documentation

Once you've determined that a zoning variance is required, you'll need to gather all the necessary documentation to support your application. This may include site plans, architectural drawings, and other relevant information about your project. Your construction real estate lawyer can help you identify and prepare the required documents.

Step 3: Submit your application

You can now submit your zoning variance application with your documentation to the appropriate local government office. In Philadelphia, for example, you would submit your zoning variance application to the Department of Licenses and Inspections. Your construction lawyer in Philadelphia can guide you through submission and ensure your application is complete and accurate.

Navigating The Zoning Variance Process With A Construction Attorney

After submitting your application, the local zoning board will review it and schedule a public hearing. During this hearing, you can present your case and explain why a zoning variance should be granted. Your construction law attorney can represent you at the hearing and argue.


The zoning board will consider several factors when approving your variance request. These factors may include your property's unique characteristics, the hardship caused by strict adherence to the zoning laws, and the potential impact on the surrounding community. Your lawyer can help you address these factors and make a compelling case for your variance.


If your zoning variance is approved, you can proceed with your planned construction or renovation project. However, if your request is denied, you may have the option to appeal the decision. Your construction attorney can advise you on the appeals process and represent you throughout the proceedings.


Frequently Asked Questions

  1. What is the role of a construction lawyer in the zoning variance process?

A construction lawyer with experience in zoning and land use laws can guide you through the variance application process, help you gather necessary documentation, and represent you at public hearings and appeals.

  1. How long does it take to get a zoning variance in Pennsylvania?

The timeline for obtaining a zoning variance can vary depending on the complexity of your case and the backlog of applications in your local government office. Your construction attorney near me can provide an estimate based on their experience with similar cases.

  1. Can a construction real estate lawyer increase my chances of approving a zoning variance?

While there are no guarantees, working with an experienced construction real estate lawyer can help you build a stronger case for your zoning variance and increase your chances of approval.

  1. What happens if my zoning variance request is denied?

If your zoning variance request is denied, you may have the option to appeal the decision. Your construction law attorney can advise you on the appeals process and represent you throughout the proceedings.

  1. How much does hiring a construction lawyer for a zoning variance case cost?

The cost of hiring a construction lawyer for a zoning variance case can vary depending on the complexity of your case and the attorney's fees. Many lawyers offer free initial consultations, so you can discuss your case and get an estimate of the costs involved.


Work with a Construction Lawyer

In conclusion, applying for a zoning variance in Pennsylvania can be complex. Still, with the help of a skilled construction lawyer, you can navigate the system and increase your chances of success. By understanding the steps involved, gathering the necessary documentation, and presenting a solid case at your public hearing, you'll be well on your way to obtaining the zoning variance you need to move forward with your construction or renovation project.


Experienced construction attorneys can protect your rights and interests as a contractor or buyer in Pennsylvania when unresolved issues arise. Reach out today to schedule your initial consultation at 610-238-0880