§ 36-7-4-901 — Board of zoning appeals; establishment; divisions; jurisdiction; continuation of certain boards

(a) As a part of the zoning ordinance, the
legislative body shall establish a board of zoning appeals.
(b) The board of zoning appeals is composed of one (1) division,
unless the zoning ordinance is amended under this subsection.
Whenever considered desirable, the zoning ordinance may be amended
to establish an additional one (1), two (2), or three (3) divisions of the
board of zoning appeals.
(c) After January 1, 1984, whenever any divisions of the board of
zoning appeals are established or reestablished by the zoning
ordinance, the ordinance must provide for each division to consist of
five (5) members appointed in accordance with section 902 of this
chapter.
(d) The board of zoning appeals shall be known as:
(1) the advisory board of zoning appeals (under the advisory
planning law);
(2) the area board of zoning appeals (under the area planning
law); or
(3) the metropolitan board of zoning appeals (under the
metropolitan development law).
(e) Except as provided in this section, a board of zoning appeals has
territorial jurisdiction over all the land subject to the zoning ordinance,
and if the board has more than one (1) division, all divisions have
concurrent jurisdiction within that territory.
(f) ADVISORY─AREA. The zoning ordinance may provide that any
additional division of the board of zoning appeals, having been
established under subsection (b), is to have only limited territorial
jurisdiction. The zoning ordinance must describe the limits of that
division's territorial jurisdiction and specify whether that division has
exclusive or concurrent jurisdiction within that territory.
(g) METRO. Any municipal board of zoning appeals that was
established by an excluded city under IC 18-7-2-61 (before its repeal
on September 1, 1981) continues as the board of zoning appeals for
that municipality. A board of zoning appeals for an excluded city has
exclusive territorial jurisdiction within the corporate boundaries of that
municipality. All divisions of the metropolitan board of zoning appeals
have concurrent territorial jurisdiction throughout the remainder of the
county. The legislative body of the consolidated city may adopt
ordinances to regulate the time of the meetings and the voting
procedures of the metropolitan board of zoning appeals.
(h) ADVISORY. Any board of zoning appeals that was established
under IC 18-7-3-11 continues as the board of zoning appeals for that
jurisdiction, until otherwise provided by the zoning ordinance.
(i) AREA. Any board of zoning appeals that was established under
the advisory planning law and continued in existence under the area
planning law continues as the board of zoning appeals for that
jurisdiction, until otherwise provided by the zoning ordinance.
(j) AREA. Any board of zoning appeals that was established under
the area planning law as a seven (7) member board continues as the
area board of zoning appeals, until otherwise provided by the zoning
ordinance.
(k) METRO. The zoning ordinance may provide that a historic
preservation commission created under IC 36-7-11.1-3 may exercise
the powers of a board of zoning appeals within a historic area or
historic zoning district established under IC 36-7-11.1-6. However, this
subsection does not eliminate the need for a historic preservation
commission to issue a certificate of appropriateness under IC 36-7-11.1-8(e) before the approval of a variance by either:
(1) a board of zoning appeals; or
(2) a historic preservation commission exercising the powers of
a board of zoning appeals.
[Pre-Local Government Recodification Citations: 18-4-8-11;
18-7-2-4 part; 18-7-2-59 part; 18-7-2-61 part; 18-7-3-11 part;
18-7-4-901; 18-7-4-65; 18-7-5-69 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by
P.L.357-1983, SEC.1; P.L.3-1990, SEC.125; P.L.321-1995, SEC.4;
P.L.164-1995, SEC.20.