How do I request a variance?

Apply to the Board of Adjustment (BOA), which hears variances as a quasi-judicial board under LDO Art. Q, Sec. 9-1808 and North Carolina General Statutes Sec. 160D-705(d). You must submit four (4) findings of fact demonstrating an undue hardship, matching the state's mandatory four-part test verbatim: (1) unnecessary hardship would result from strict application of the regulation; (2) the hardship results from conditions peculiar to the property, such as location, size, or topography; (3) the hardship did not result from the applicant's or owner's own actions; and (4) the variance is consistent with the spirit, purpose, and intent of the regulation, securing public safety and substantial justice. A variance cannot authorize a change in permitted uses. The hearing works like a court proceeding, with evidence from Town staff and from supporters and opponents of the request. Approval requires a concurring vote of four-fifths (4/5) of the Board, a state-law requirement under G.S. 160D-705(d) that applies to every North Carolina board of adjustment. The Town Board of Commissioners cannot review a BOA decision; appeals go to Wake County Superior Court. Start by confirming your zoning district and the specific standard at issue with the Planning Department at 919-552-1429.