Request Variance Board Zoning Appeals

The Area Planning Department has an Application for Zoning Variances. A variance is a variation that the board may grant in certain circumstances according to the standards herein set forth from the requirements of the Unified Zoning Ordinance of Randolph County, which allows the owner of the property to use his property in a manner that would be in conflict with a literal application of the requirement of this Ordinance. For more information, refer to Article XVIII (on page 175) of the Unified Zoning Ordinance.

After the petition is filed and a docket number and date of hearing are assigned, the petitioner will be given a list of property owners abutting the property for which they are seeking a variance. A form letter and mailing supplies will also be supplied and certified-return receipt letters must be sent to each abutting property owner. This is to notify your neighbors that you have requested a Variance and they are welcome to come to the hearing and speak if they have a question or comment. These letters must be mailed by the mailing and publishing deadline provided. The white receipts must be returned before the publishing deadline and an Affidavit of Notice must be filled out.

The Area Planning Department will prepare a Notice of Public Hearing to be published in the newspaper using the legal description furnished by the applicant. The applicant will be asked to provide a deed of the property for the notice. The cost of the publication shall be the responsibility of the applicant. The applicant will receive Proof of Publication and a bill from the News-Gazette after the notice runs in the paper. The notice must be published at least 10 days prior to the hearing.

The Area Planning Commission will prepare two GIS maps, one showing the property and the dimensions of the new building project in relation to the setbacks and standing structures. A second map will show the abutting property owners to show the variance in relation to their properties.

There are three things the board looks at to approve a variance. If these three things are met it may be approved only upon determination in writing. A variance is considered when there are “practical difficulties in the use of the property.” Any approval given by the Board of Zoning Appeals may be appealed by Writ of Certiorari in Circuit Court or Superior Court.