§ 36-7-4-902 — Board of zoning appeals; members; number; appointment

(a) ADVISORY. Each division of the
advisory board of zoning appeals consists of five (5) members as
follows:
(1) Three (3) citizen members appointed by the executive of the
municipality or county, of whom one (1) must be a member of the
plan commission and two (2) must not be members of the plan
commission.
(2) One (1) citizen member appointed by the fiscal body of the
municipality or county, who must not be a member of the plan
commission.
(3) One (1) member appointed by the plan commission from the
plan commission's membership, who must be a county
agricultural agent or a citizen member of the plan commission
other than the member appointed under subdivision (1).
(b) ADVISORY. In each county having a metropolitan plan
commission, subsection (a) does not apply. In such a county, each
division of the advisory board of zoning appeals consists of five (5)
members as follows:
(1) Two (2) members, of whom no more than one (1) may be of
the same political party, appointed by the county legislative body.
(2) Three (3) members, of whom no more than two (2) may be of
the same political party, appointed by the second class city
executive. One (1) only of these members must be a member of
the plan commission.
(c) AREA. When the area board of zoning appeals was established
before January 1, 1984, as a seven (7) member board, the board
consists of seven (7) members as follows:
(1) Two (2) citizen members appointed by the area plan
commission from its membership, one (1) of whom must be a
municipal representative and the other must be a county
representative.
(2) Three (3) citizen members, who may not be members of any
plan commission, appointed by the executive of the largest
municipality in the county. However, if there are two (2) or more
municipalities having a population of at least twenty thousand
(20,000) in the county, the executive of the largest municipality
shall appoint two (2) citizen members and the executive of the
second largest municipality shall appoint one (1) citizen member.
Furthermore, if there are no cities in the county participating in
the commission, then the three (3) members appointed under this
subdivision shall be appointed as follows:
(A) One (1) member appointed by the county executive.
(B) One (1) member appointed by the county fiscal body.
(C) One (1) member appointed by the legislative bodies of
those towns participating in the commission.
(3) Two (2) citizen members, who may not be members of any
plan commission, appointed by the county legislative body.
(d) AREA. Except as provided in subsection (c), each division of
the area board of zoning appeals consists of five (5) members as
follows:
(1) One (1) citizen member appointed by the area plan
commission from its membership.
(2) One (1) citizen member, who may not be a member of any
plan commission, appointed by the executive of the largest
municipality in the county participating in the commission.
(3) Two (2) citizen members, of whom one (1) must be a member
of the area plan commission and one (1) must not be a member of
any plan commission, appointed by the county legislative body.
(4) One (1) citizen member, who may not be a member of any
plan commission, appointed by the executive of the second largest
municipality in the county participating in the commission.
However, if there is only one (1) municipality in the county
participating in the commission, then the county legislative body
shall make this appointment.
(e) METRO. Each division of the metropolitan board of zoning
appeals consists of five (5) members as follows:
(1) Two (2) citizen members appointed by the executive of the
consolidated city.
(2) Two (2) citizen members appointed by the legislative body of
the consolidated city.
(3) One (1) citizen member, who may also be a member of the
metropolitan development commission, appointed by the
commission.
Not more than two (2) members appointed to each division of the board
of zoning appeals may be residents of the same township. All
townships must be represented across all the divisions of the board of
zoning appeals. The appointing authority shall consult with the
township executive before appointing a member to represent that
township on the board.
(f) METRO. The municipal board of zoning appeals for an excluded
city consists of five (5) members as follows:
(1) The following members for an excluded city that has a mayor:
(A) Three (3) citizen members appointed by the legislative
body of the excluded city.
(B) Two (2) citizen members appointed by the mayor of the
excluded city.
(2) This subdivision applies to an excluded city that does not have
a mayor. Five (5) citizen members appointed by the legislative
body of the excluded city.
(g) Whenever the zoning ordinance provides for a certain division
of the board of zoning appeals to have limited territorial jurisdiction,
it must also provide for that division to consist of members who are all
residents of that limited territory. Those members shall be appointed in
the same manner that is prescribed by subsection (a) for divisions of an
advisory board of zoning appeals, but if the plan commission is unable
to make its appointment in that manner, the appointment shall be made
instead by the legislative body.
[Pre-Local Government Recodification Citations: 18-7-2-59
part; 18-7-2-60 part; 18-7-2-61 part; 18-7-3-11(1) part; 18-7-3-11(2)
part; 18-7-4-902; 18-7-4-66; 18-7-4-67; 18-7-5-69 part; 18-7-5-70
part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by
P.L.357-1983, SEC.2; P.L.320-1995, SEC.12; P.L.161-2021,
SEC.6.