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Indiana Code Title 36. Local Government § 36-7-4-901.5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 901.5. (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.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-7-4-901.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-7-4-901-5/

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