§ 36-7-4-903 — Board of zoning appeals; additional division or member required for unincorporated jurisdictional area

ADVISORY. (a) When a municipal plan
commission exercises jurisdiction outside the incorporated area of the
municipality as provided for in section 205 or 1208 of this chapter, one
(1) of the following must occur:
(1) An additional division of the board of zoning appeals shall be
established under section 901(b) of this chapter that will have
territorial jurisdiction only in the unincorporated area. The
division must consist only of:
(A) residents of the unincorporated area; or
(B) individuals who reside in the county and also own real
property within the unincorporated area.
However, at least a majority of the members appointed to the
division must be residents of the unincorporated area.
(2) The municipal plan commission shall designate, as its
appointment to the municipal board of zoning appeals under
section 902(a)(3) of this chapter one (1) of the additional citizen
members who were appointed under section 214(a), 1210(a), or
1210.5(c)(3) of this chapter to the plan commission to represent
the unincorporated area. The citizen shall be appointed for a term
of two (2) years. The citizen is entitled to participate and vote in
all deliberations of the municipal board of zoning appeals.
(b) Notwithstanding section 902(g) of this chapter, if the zoning
ordinance provides for an additional division of the board of zoning
appeals under subsection (a)(1), the ordinance may also provide for the
appointment of one (1) or more members of that division by elected
officials of the county or township.
[Pre-Local Government Recodification Citations:
18-7-4-903; 18-7-5-72.]
As added by Acts 1981, P.L.309, SEC.23. Amended by
P.L.357-1983, SEC.3; P.L.216-1999, SEC.4; P.L.32-2004, SEC.3;
P.L.126-2011, SEC.26.