Section 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.
Amended by P.L. 126-2011, SEC. 26, eff. 7/1/2011.As added by Acts1981 , 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.