Upper Darby Seal

Zoning Hearing Board

The Zoning Hearing Board is an independent, quasi-judicial body which hears challenges and appeals to the Zoning Code, and considers variances from and exceptions to the requirements established and enforced under the Township Department of Licenses and Inspection.

Board Members

  • Robert J. White, Chairman
  • Brian Hayes, Secretary
  • David L. Stevenson
  • Frank J. McGovern, Alternate
  • Charles E. McDonald, Esquire (Solicitor)

Procedures for Seeking Relief from requirements of the Zoning Code

If, after applying for a use and occupancy and/or building permit from the Department of Licenses & Inspection, it is denied due to not meeting the Township zoning ordinances, the following procedures should be followed when seeking relief from the zoning requirements. After receiving the denial letter along with the fee schedule and filing deadline, fill out the enclosed zoning application.

Submit to the L&I Department the completed application form along with the proper fees and any other information requested in the denial letter including plot plans, floor plans, etc. When additional plans are requested, two sets should be submitted.

Submit along with the application a copy of the deed of the property if the owner is applying for zoning relief, a lease if a tenant of the property is applying for a zoning relief or an agreement of sale if a buyer is applying for zoning relief. Also, if a tenant is applying for zoning relief, a letter from the owner of the property must be submitted giving permission for the tenant to apply for zoning relief.

After all required information is submitted to the Township, the zoning relief request will be advertised in the local newspaper. Applications must be submitted to the Township roughly five weeks before the zoning hearing takes place so that the public advertising requirements are met. Zoning Hearing Board meetings are held on the last Thursday of each month except for holidays. Check with the Department of L&I to confirm the hearing date.

At least fifteen (15) days before the hearing date, pick up posters advertising zoning relief request from the Department of L&I. Posters must be posted in a visible place on the property for two (2) weeks before the hearing. If the poster(s) is destroyed or defaced during this time, contact the L&I Department for a new poster. Photographs must be taken of the poster(s) on the property to prove that the property was posted properly. These photographs must be brought to the hearing.

The Zoning Hearing Board will begin hearing cases at 7:00 P.M. in the Council Chambers on the second floor of the Municipal Building. The applicant should have all information ready to present their case to the board at this time. Cases are heard in the order in which applications were received with the L&I Department. Corporations applying for zoning relief must have legal representation with them at the hearing.

If zoning relief is granted, the applicant must reapply for all use and occupancy and/or building permits with the L&I Department within twelve (12) months of the zoning approval date.

Zoning Petitions

Fee Schedule

Signs:$700.00 for up to 2 reliefs
Variances or Special Exceptions (except as otherwise set forth herein)Residential: $550.00 for up to 2 reliefs;
Commercial: $700.00 for up to 2 reliefs
More than two types of relief: for each additional type of relief$100.00
Variances for Private Swimming Pools, Fences, Decks, Patios and Sheds$350.00 for up to two reliefs
All other appeals$550.00
Subdivisions Where the property is being subdivided into or contains more than two units the applicant shall pay the following fee in addition to fees for relief required by either residential or commercial variances or special exceptions3 to 5 units: $300.00;
6 to 10 units: $400.00;
11 to 20 units: $500.00;
21 or more units: $500.00 plus $20.00 per each unit over 20.

Below are the scheduled hearings for the Zoning Hearing Board.

Zoning Hearing Board
2016-12-22
December 22, 2016 - Zoning Hearing Board... Read More
Zoning Hearing Board
2017-01-26
January 26, 2017 - Zoning Hearing Board... Read More