Special Exceptions to the use of a property for a purpose for which it is not zoned may be granted by the Zoning Board of Appeals in certain circumstances. Refer to Article XII; Pg. 80-81 of the Unified Zoning Ordinance for the applicable law on this topic.
The Area Planning Department has an Application for Special Exceptions Form. There are uses listed as Special Exception Uses in the various zoning districts; shall be permitted therein only upon the approval of a Petition for Special Exception by a vote of the Board of Zoning Appeals of Randolph County, Indiana.
The Area Planning Department will provide each applicant with the Rules of Procedure of the Board of Zoning Appeals.
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. This must be paid for 14 days prior to the scheduled hearing date. The News Gazette will mail a proof of publication to the applicant. Area Planning Department will provide applicant a list of property owners abutting the tract or lot of the property pertaining to the hearing. That list of property owners and addresses will be furnished to applicant so certified mail – return receipt requested, can be sent out 10 days prior to hearing date.
The Area Planning Department supplies a form letter. Applicant shall then fill in the date and time of hearing, what the hearing is about, address or general location of the lot or tract of land, place and location of where the hearing will be held.
The Area Planning Department has an Affidavit that must be filled out the day the certified letters are sent out to the property owners and returned to the office with white receipts and copy of the letter. A Plan of Operation ( see Article XIII – definitions pg. 108 of the Unified Zoning Ordinance shall become an enforceable part of the board’s approval. Findings of Fact (see Article XII – Section 12.02 of the Unified Zoning Ordinance) there are 6 different findings that the Board of Zoning Appeals looks at. If you have all these met, the board shall approve the Special Exception.
The Board of Zoning Appeals may impose reasonable conditions upon its approval. Any approval given by the Board of Zoning Appeals may be appealed by Writ of Certiorari in Circuit Court or Superior Court.