City-County Planning Department

Natural Resource Protection Standards

11.8 Variances
At the request of a property owner, the Board of Adjustment may vary the requirements of Section 11, Natural Resource Protection Standards in accordance with the procedures of Section 16, Variances and Interpretations by the Board of Adjustment. In addition to the findings required in Section 16.4.1, General Findings of Fact, the Board of Adjustment in granting any variance shall also make the following findings.
1.That failure to grant the variance would result in exceptional hardship to the property owner;
2.That the applicant has presented proof that alternatives to the variance have been thoroughly examined and are not practicable;
3.That the variance represents the minimum amount necessary to provide relief from the hardship in making reasonable use of the property;
4.That the variance would not result in significant degradation of water quality, loss of significant wetlands, increase in sedimentation and erosion, increase in stormwater runoff, loss of significant plant and wildlife habitat or threats to public safety.
Reasonable conditions may be attached to any variation from the requirements of Section 11, Natural Resource Protection Standards in order to accomplish the purposes and objectives of the Section.

Back Section Eleven Table of Contents Next

To reach Durham City/County Planning call 919-560-4137 or fax us at 919-560-4641