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Zoning Board of Adjustment variance / special exception: Philadelphia restaurant guide

Zoning Board of Adjustment

What it is

If L&I refuses or refers your zoning/use permit, the ZBA can grant a variance or special exception after a public hearing and a mandatory RCO community meeting.

When a restaurant needs it

Only if your zoning/use application gets a Notice of Refusal or Referral.

How to apply

Appeal online in eCLIPSE (upload the appeal package) or by mail/appointment at 1515 Arch St., within 30 days of the refusal.

Documents you’ll need

Fee
$811 (non-residential); accelerated hearing $995 per property
Processing time
Months — RCO meeting within 45 days of filing, then the hearing
Renewal
None
Who files
Owner/appellant, usually through a zoning attorney or licensed expediter.

Good to know

You must contact the RCOs within 20 days, mail notice to properties within 250 feet, and the meeting summary is due 5 days before the hearing. Hire a zoning attorney.

Official source

ZBA — Appeal a zoning decision · RCO notice instructions

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Last reviewed 2026-10-06. Guidance only, not legal advice.