Hardship Criteria for Variances in the City of Raleigh
To obtain a variance from the Raleigh Unified Development Ordinance (UDO), an applicant must prove to the Board of Adjustment that strict application of the code would result in an unnecessary hardship arising from unique physical conditions of the property, such as its size, shape, or topography. This hardship cannot be self-created by the property owner, and the requested variance must maintain the spirit of the Raleigh UDO while ensuring public safety and substantial justice [Section 10.2.10.D.3].
General Hardship Standards for Variances
Under the Raleigh Unified Development Ordinance, the Board of Adjustment has the specific authority to authorize variances from the provisions of the UDO. However, no variance is permitted if it would result in an amendment to the 2030 Comprehensive Plan, the Street Plan, or any other adopted City plan [Section 10.2.10.A].
For the City of Raleigh to approve a variance, the applicant must demonstrate the following four specific findings related to hardship:
| Required Finding | Description of Standard |
|---|---|
| Unnecessary Hardship | The property owner must show that strict application of the ordinance results in an unnecessary hardship. It is specifically noted that the applicant does not need to prove that no reasonable use can be made of the property [Section 10.2.10.D.3.a]. |
| Property Peculiarity | The hardship must result from conditions that are peculiar to the property, such as its location, size, or topography. Hardships that are common to the neighborhood or the general public are not valid grounds for a variance [Section 10.2.10.D.3.b]. |
| Not Self-Created | The hardship must not result from actions taken by the applicant or the property owner. Purchasing a property with knowledge that circumstances exist which may require a variance is considered a self-created hardship [Section 10.2.10.D.3.c]. |
| UDO Consistency | The requested variance must be consistent with the spirit, purpose, and intent of the Raleigh UDO, ensuring that public safety is secured and substantial justice is achieved [Section 10.2.10.D.3.d]. |
Exclusion of Personal Circumstances
The Raleigh UDO explicitly states that hardships resulting from personal circumstances cannot be used as the basis for granting a variance. The focus of the hardship must remain on the physical attributes and constraints of the land or structures themselves [Section 10.2.10.D.3.b].
Context-Specific Hardships
Metro-Park Overlay District (-MPOD)
Within the Raleigh Metro-Park Overlay District, the Board of Adjustment may specifically alter impervious surface coverage limits, increase height restrictions, and reduce the widths of protective yards if it determines that the regulations deprive the landowner of reasonable use of their land. In these cases, the City gives the highest priority to the maintenance of the protective yard when deciding whether to modify regulations based on hardship [Section 5.2.2.F].
Nonresidential Building or Structure Code
For appeals related to the Raleigh Nonresidential Building or Structure Code, the Board of Adjustment may adapt the application of the Article to the "necessities of the case" when "practical difficulties or unnecessary hardships" would result from carrying out the strict letter of the law [Section 11.9.18.B.2].
Undue Economic Hardship for Historic Landmarks
Raleigh provides a separate process for "undue economic hardship" regarding the demolition of Historic Landmarks or contributing resources in a Historic Overlay District. This involves a specialized Hardship Review Panel that evaluates evidence such as the property's income, expenses, real estate taxes, and the economic feasibility of rehabilitation [Section 11.8.3].
Approval Limitations
Even if a hardship is demonstrated, the Board of Adjustment is restricted from granting variances that would modify, alter, change, or suspend any requirement of a use standard as set forth in Chapter 6 (Use Regulations) of the Raleigh UDO, unless specific authority is granted elsewhere in the code [Section 10.2.10.E.1].
Sections Cited
- Section 5.2.2.F (Metro-Park Overlay District Hardships)
- Section 10.2.10.A (Variance Applicability)
- Section 10.2.10.D.3 (Variance Showings/Hardship Criteria)
- Section 10.2.10.E.1 (Variance Approval Limitations)
- Section 11.8.3 (Safeguards from Undue Economic Hardship)
- Section 11.9.18.B.2 (Board of Adjustment to Hear Appeals)