By-Right vs. Variance Development in Philadelphia
Why a project that fits the code is faster, cheaper, and far more certain.
What does "by right" mean in development?
A project is "by right" (or "as of right") when it complies with everything the zoning code requires for the property — use, height, density, setbacks — so no discretionary approval is needed. The owner can move straight to permits without a hearing before the zoning board.
By right vs. variance
By-right development is faster, cheaper, and far more predictable, because it does not depend on convincing the zoning board or surviving neighbor opposition. Variance development — needed when a plan does not fit the code — adds months, cost, community process, and real uncertainty about the outcome.
Why it drives your strategy
Because the difference is so large, experienced developers test whether a plan can be made to fit by right before committing to a variance path. Sometimes a modest design change keeps a project by right and avoids the hearing-and-appeal risk entirely.
How Nochumson P.C. helps
Nochumson P.C. evaluates whether a project is by right and, when relief is needed, manages the approval process. Contact us to map your path.
Related articles:
- How to Get a Zoning Variance in Philadelphia
- Philadelphia Zoning Classifications Explained (RSA-5, CMX-2 & more)
- Accessory Dwelling Units (ADUs) in Philadelphia
- Philadelphia Zoning Permits: What You Need
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