By Right or Variance: What Your Township Decides Before You Do

Home / General / By Right or Variance: What Your Township Decides Before You Do

Zoning decides what is possible on your property before anyone decides what to build there.

Most homeowners assume that owning the land means they can build on it, and that the real questions are what they want and what they can afford. Those come second. The first question is what the ordinance permits on your specific parcel — and that answer exists before you ever call a builder.

Taking them in that order is the single most valuable sequencing decision in a residential project.

What Zoning Controls

Zoning is not one rule. It is a stack of them, and each one can independently shape a project.

Setbacks determine how close a structure can sit to each property line. Front, rear, and side setbacks are frequently different from one another, and they change by zoning district.

Impervious coverage limits how much of your lot can be covered by anything water cannot pass through — the house, the driveway, patios, walkways, pool decking. On established suburban lots, existing coverage is often much closer to the cap than owners realize, and an addition consumes what remains.

Height and placement restrictions govern how tall a structure can be and where it can sit relative to the primary dwelling.

Use determines what the space is permitted to be. This is the one that surprises people most. A room is a room until it contains cooking facilities — at which point many municipalities reclassify it entirely, with its own size limits, occupancy restrictions, parking requirements, and sometimes a recorded deed restriction.

Stormwater requirements may be triggered by the amount of new impervious surface you are adding, which can bring a formal management plan and engineering costs that nobody priced.

These are the conditions under which your project either is or is not permitted, and they are set before anyone picks up a pencil.

By Right Versus Variance

This distinction decides your timeline, your budget, and in some cases whether the project happens at all. Most homeowners have never had it explained to them.

By right means your project complies with the ordinance as written. You submit a complete application, and if the plans meet the standards, the municipality must approve it. There is no hearing, no discretion, and no vote. Approval is administrative.

A variance means you are asking permission to do something the ordinance does not allow. That requires an application to the zoning hearing board, a public hearing, notice to your neighbors — who may appear and weigh in — and a board that measures your request against legal standards and can decline it.

A variance is not a formality. It is a request for an exception, and the burden of proof sits with the applicant.

What a Variance Involves

Homeowners tend to think of a variance as a delay. It is more than that.

There is the direct cost: attorney fees, engineering to support the application, notice requirements, and filing fees. There is the timeline: hearings are scheduled on the board’s calendar, not yours, and a continuance pushes you to the next month. And there is the part nobody prices — the design work, engineering, and professional fees already spent on a project that may not be approved.

That money also gets spent before the answer is known. That is the structural challenge with a variance-dependent project. The design has to exist before the hearing, so the investment precedes the decision.

We do not take projects that require a zoning variance. Not because we cannot navigate one, but because we are not willing to put a client’s time and money behind a board that can say no. We learned that standard the hard way, on a project that was denied after we had already accepted it.

Our pre-construction design phase exists to establish what can be built by right, and that is how we approach every project. It means more work up front. It also means our projects do not stall at a hearing six months after the design is finished.

What Pulling Permits Involves

“We will pull the permits” is a common phrase, and it is worth knowing what sits behind it.

Permits are the output of a process, not the beginning of one. Before a municipality accepts an application, it generally expects some combination of:

  • Zoning compliance documentation showing setbacks, coverage, and height
  • Site plans, and in many cases a survey
  • Architectural drawings at permit level
  • Structural engineering, frequently stamped
  • Grading plans where the site is being altered
  • Stormwater management calculations or a full plan
  • Utility connection details

Every one of those has to exist, be correct, and be internally consistent before a permit is issued. When that work has not been done in advance, it gets discovered during the project instead — and each discovery arrives as a change order, in the middle of construction rather than before it.

Permits follow pre-construction work. They do not replace it.

Every Township Is Different

This is the part that catches even experienced homeowners.

Lower Merion does not write the same ordinance as Tredyffrin. Ambler Borough does not review the way Montgomery Township does. Radnor, Haverford, Willistown, East Whiteland, Upper Dublin, Charlestown — each writes its own rules, sets its own review periods, and staffs its own zoning office with its own interpretive habits. Some turn a submission in weeks. Others take a full statutory review period, return comments, and restart the clock on resubmission.

And within a single township, the district your parcel sits in can change the setbacks and the coverage limit entirely.

There is no general answer to “can I build this.” There is only the answer for your parcel, in your district, under your municipality’s current ordinance — and finding it is work, not a lookup.

A note on calling the township yourself. Homeowners often do, and it is a reasonable instinct. A municipality will answer the question you ask. It will not volunteer the question you did not know to ask. We have met homeowners who called, got entirely accurate answers, and still missed the constraint that decided their project, simply because nobody told them that constraint existed.

Where This Belongs in the Process

At Acorn Built Homes, zoning is established during the pre-construction design phase, before design begins. A licensed professional engineer assesses the parcel and determines what the municipality permits by right. Our architect then designs inside those constraints rather than against them. Our contractor prices the result.

You finish that phase knowing four things: what is buildable on your property, what your township will approve by right, what the space actually looks like in floor plans and elevations, and a firm investment range priced from those drawings.

The order matters. A design produced before the zoning answer is a design that may have to be thrown away.

What to Ask Before You Hire Anyone

Useful whether or not you ever work with us. None of these are meant to put anyone on the spot. They are the questions that make the conversation productive.

“Is my project approvable by right, or does it need a variance?”

If the answer is not available yet, that is worth knowing before you go further.

“What is my current impervious coverage, and what is the cap?”

A real number against a real limit, rather than an impression.

“Which zoning district is my parcel in?”

The township matters. The district inside it matters just as much.

“What will the township require before it accepts a permit application?”

Survey, grading plan, stamped structural, stormwater — the list differs by municipality.

“Has a licensed engineer confirmed any of this, or is it an assumption?”

Ask for the line between what is established and what is assumed. That line is the useful part of the answer.

Choose a Better Way to Build

Zoning decides what is possible before you decide what you want. A by-right project is approved because it is designed to comply from the onset. A variance is a request that can be declined, made after the money is already spent. And permits are what a completed process produces, not a final step tacked onto the end.

We believe in A Better Way to Build: establish what the township permits, design inside it, and never ask a client to fund a project that depends on a board saying yes

Related Topics

Picture of Mario Mascioli
Mario Mascioli

Mario Mascioli is the Founder and CEO of Acorn Built Homes, a premium residential design-build company specializing in major renovations, additions, and ADUs. With more than 30 years of leadership experience, Mario brings a disciplined, client-focused approach to guiding homeowners from initial planning through construction.

Let's Talk About Your Project

Acorn Built Homes serves homeowners throughout Chester, Montgomery, Delaware, and Lancaster counties.