Ind. Code § 36-7-4-901.5
Reorganized units; board of zoning appeals required if advisory plan commission established
Indiana · Indiana Code Title 36 — Local Government · Status: effective
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- Ind. Code § 36-7-4-901.5, Reorganized units; board of zoning appeals required if advisory plan commission established, Indiana, version 1 as recorded 2026-09-28, yourstate.us, https://yourstate.us/provision/1684752
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Full text
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.