§ 36-7-4-901.5 — Reorganized units; board of zoning appeals required if advisory plan commission established

Indiana § 36-7-4-901.5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 4: Local Planning and Zoning

Text

5. (a) If an advisory plan commission is
established under section 202.5 of this chapter by a unit described in
IC 36-7-2-1(b) and the unit adopts a comprehensive plan under this
chapter, the legislative body of the unit shall establish a board of
zoning appeals.
(b) A board of zoning appeals established under this section:
(1) shall exercise the board's powers and duties under this chapter
within the unit in the same manner that a municipal board of
zoning appeals established under this chapter exercises powers
and duties under this chapter for a municipality; and
(2) may not exercise the board's powers and duties under this
chapter within a municipality that has established a plan
commission under this chapter (other than a municipality that
participated in the reorganization of the unit under IC 36-1.5).
(c) Notwithstanding any other law, if the legislative body of a unit
described in IC 36-7-2-1(b) establishes a board of zoning appeals under
this section, the legislative body of the unit shall, by resolution or in the
unit's plan of reorganization under IC 36-1.5, determine:
(1) the number of members to be appointed to the unit's board of
zoning appeals;
(2) the person or entity that shall appoint or remove those
members;
(3) any required qualifications for those members; and
(4) the terms of those members.

Legislative History

As added by P.L.202-2013, SEC.35.