The Area Planning Department has a Filing Procedure for hearings before the Area Planning Commission of Randolph County for changes in zoning. For the applicable law on this topic, refer to the Randolph County Unified Zoning Ordinance.
To begin the procedure, the applicant will be asked to fill out a Zoning Request Application. Once the form is notarized an filed, a docket number and hearing date will be assigned.
The applicant will be asked to provide a legal description of the property (the deed) for the publication in the newspaper. A copy of the deed can be obtained from the Recorder of Randolph County. (The Area Planning Department will provide the deed record and page number, if needed).
The Area Planning Department will prepare a “Notice of Public Hearing” to be published in the newspaper using the legal description furnished by applicant. The cost of the publication shall be the responsibility of the applicant. The News Gazette will mail the bill and proof of publication to the applicant. The Area Planning Department will provide the applicant with a list of property owners within a 250 foot radius of the property lines of the tract of land seeking a zoning change. Using this list, the applicant will mail out by certified mail - return receipt requested letters, to be postmarked at least 10 days prior to hearing date. The Area Planning Department will also provide a form letter (Due Notice to Interested Parties).
After mailing the letters, the applicant must file the white receipts with the Area Planning Department before the deadline given by the Area Planning Department. The petitioner will sign an affidavit upon return of the white receipts.
The applicant will be asked to provide a statement (Plan of Operation) telling in greater detail the reason for the zoning change and any pertinent information as to why they need the change and how it will not infringe on the use, value and enjoyment of the neighbors properties. Keep in mind the burden of proof for this lies with the petitioner.
The Area Planning Office will prepare two separate GIS Maps, one of the location to be rezoned with a drawing of any new construction or changes to be made to the property, and a second one to show the property owners and zoning within 250 feet of the property. All this information will then be forwarded to the Area Planning Commission members in preparation for the hearing.
The applicant or their legal counsel shall appear on the date and time of the hearing. The Area Planning Commission is a recommending body and the recommendation of the APC will be forwarded to the legislative body where the property is located and that legislative body will have the final decision in the rezoning of the property. The applicant may want to plan to attend the meeting of the legislative body where the property is located when this matter is to be discussed. The Area Planning Office can give you the schedule of hearings for the other legislative bodies at the time of your hearng.