Applying for a Zoning Variance in the City of Raleigh

Property owners in the City of Raleigh may seek a variance from the specific requirements of the Unified Development Ordinance (UDO) when the strict application of the code creates an unnecessary hardship due to a property's unique physical characteristics. The process involves a mandatory pre-application conference and a notarized application, culminating in a quasi-judicial public hearing where the Raleigh Board of Adjustment must approve the request by a supermajority vote of four-fifths of its members [Section 10.1.3.A.3, Section 10.2.10.A]. Approved Raleigh variances generally expire within 12 months if a building permit is not issued or the use is not established [Section 10.2.10.F].

Jurisdiction and Authority

The Raleigh Board of Adjustment has the specific authority to authorize variances from the provisions of the Raleigh Unified Development Ordinance [Section 10.2.10.A]. However, this authority is subject to significant legal limitations:

No Plan Amendments: A variance cannot be used to result in an amendment to the 2030 Comprehensive Plan, the Raleigh Street Plan, or any other adopted City plan [Section 10.2.10.A].
Use Standards: The Board of Adjustment may not grant a variance that modifies, alters, changes, or suspends any requirement of a "use standard" found in Chapter 6 (Use Regulations) unless the UDO provides specific authority to do so [Section 10.2.10.E.1].
Quasi-Judicial Nature: The variance process is a quasi-judicial proceeding, meaning the Board acts like a court and must base its decision solely on competent, material, and substantial evidence presented during the hearing [Section 10.2.1.D.1].

The Raleigh Variance Application Process

1. Pre-Application Conference

Before a petitioner can file a formal application, they must schedule and attend a pre-application conference with the Raleigh Planning Director or a designated representative. This meeting is intended to review the specific procedures, standards, and regulations applicable to the request [Section 10.2.10.B].

2. Formal Application Submittal

Applicants must submit a formal application to the City of Raleigh following the requirements in Section 10.2.1.B. The application is only valid if it is signed and notarized by the owner of the property for which the variance is sought [Section 10.2.10.C].

3. Staff Review

The City of Raleigh Planning Department reviews the application to ensure it is complete and provides a report to the Board of Adjustment. Staff evaluates the request against the mandatory "showings" (legal findings) required for approval [Section 10.2.10.D.1].

4. Public Notice

The City of Raleigh ensures the public is notified of the pending variance request through three distinct methods [Section 10.1.8]:

Mailed Notice: Sent to the owners of the subject property and all property owners within 100 feet of the site [Section 10.2.1.C.1].
Web Notice: Posted on the City of Raleigh's web portal [Section 10.2.1.C.3].
Posted Notice: A sign is placed on the subject property in a location visible from the nearest public street [Section 10.2.1.C.4].

5. Quasi-Judicial Public Hearing

The Board of Adjustment conducts a public hearing where all witnesses must be sworn in. The applicant bears the burden of proof to demonstrate that their request meets the legal standards for a variance [Section 10.2.1.D.1.a].

Hearing Requirement	Standard/Threshold
Required Approval Vote	4/5ths majority of the Board of Adjustment [Section 10.1.3.A.3]
Notice Period (Mailed)	10 to 25 days prior to the hearing [Section 10.2.1.C.1.e]
Notice Period (Posted)	At least 10 days prior to the hearing [Section 10.2.1.C.4.c]
Expiration of Approval	12 months from the date of approval [Section 10.2.10.F]

Mandatory Findings (The Four Showings)

To grant a variance, the City of Raleigh Board of Adjustment must conclude that the applicant has met all of the following four "showings":

Unnecessary Hardship: Strict application of the UDO results in an unnecessary hardship. It is not required to show that "no reasonable use" can be made of the property, but the hardship must be more than mere inconvenience [Section 10.2.10.D.3.a].
Unique Conditions: The hardship results from conditions peculiar to the property, such as its size, shape, or topography. Hardships that are common to the entire neighborhood or result from personal circumstances (like a resident's health or financial status) are not valid grounds [Section 10.2.10.D.3.b].
Not Self-Created: The hardship did not result from actions taken by the applicant or property owner. Purchasing a property with knowledge that a restriction exists is considered a self-created hardship [Section 10.2.10.D.3.c].
Consistency with Intent: The requested variance must be consistent with the spirit and purpose of the Raleigh UDO, ensuring that public safety is secured and substantial justice is achieved [Section 10.2.10.D.3.d].

Decision and Post-Approval

The Board of Adjustment may attach reasonable and appropriate conditions or safeguards to an approved variance to ensure it relates specifically to the circumstances that created the need for the relief [Section 10.2.10.E.2].

A written notice of the decision is typically provided to the applicant within 10 business days of the final action [Section 10.2.1.C.6.b]. Any party aggrieved by the Board's decision may appeal to the Wake County Superior Court by filing a petition for writ of certiorari within 30 days of the decision [Section 10.2.11.F].

Sections Cited

Article 10.1. Review Bodies
Sec. 10.1.3. Board of Adjustment
Sec. 10.1.8. Summary of Review Authority
Sec. 10.1.9. Conflicts of Interest
Article 10.2. Review Procedures
Sec. 10.2.1. Common Review Procedures
Sec. 10.2.10. Variance
Sec. 10.2.11. Appeal of an Administrative Decision