Obtaining Approval for a Conditional Use

The Area Planning Department has an application for Conditional Uses. (Form #280-BZA) Uses listed as Conditional Uses in the various zoning districts shall be permitted therein only upon the approval of a Conditional Use Permit by a vote of the Board of Zoning Appeals of Randolph County, Indiana.

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.

A deed will be needed by the applicant so the Area Planning Department can prepare the legal notice to be advertised in the News Gazette 10 days prior to the hearing. The applicant will be responsible for that cost of notification and publication.

The Area Planning Department will provide the applicant a list of property owners abutting the piece of property pertaining to the hearing. That list of property owners and addresses will be furnished to applicant so that notices via certified mail – return receipt requested, can be sent out 10 days prior to the hearing date. The Area Planning Department supplies a form letter for this purpose.  The 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. (Form #230-BZA)

The Board of Zoning Appeals shall approve an application for a Conditional Use Permit upon the Findings of Fact. There are three findings the board looks at to make their determination.

The Board of Zoning Appeals requires a Plan of Operation. Refer to Article XIII – pg. 108 of the Unified Zoning Ordinance . It shall become an enforceable part of the board’s approval. The Board of Zoning Appeals can impose reasonable conditions upon its approval of a Conditional Use Permit.

Any approval given by the Board of Zoning Appeals may be appealed by Writ of Certiorari in Circuit Court or Superior Court. (See Article XI – pg. 78-79 of the Unified Zoning Ordinance)