County board of zoning appeals

(a) A county board of zoning appeals shall have five members to be appointed by the governing body of the county. (b) The members of a county board of zoning appeals must be: (1) Residents of the county for at least three years preceding his or her appointment; (2) Cannot be a member of the county planning commission; and (3) Cannot hold any other elective or appointive office in that county’s government: Provided, That a member of the county board of zoning appeals may also serve as a member of the county board of subdivision and land development appeals. (c) Where only a portion of the county is zoned, the members of the board of zoning appeals for that part of the county that is zoned, must be: (1) Residents of that part of the county that is zoned for at least three years preceding his or her appointment; (2) Cannot be a member of the county planning commission; and (3) Cannot hold any other elective or appointive office in the county government: Provided, That a member of the county board of zoning appeals may also serve as a member of the county board of subdivision and land development appeals. (d) Upon the creation of a board of zoning appeals, the members shall be appointed for the following terms: One for a term of one year; two for a term of two years; and two for a term of three years. The terms shall expire on January 1, of the first, second and third year, respectively, following their appointment. Thereafter, members shall serve three-year terms. If a vacancy occurs, the governing body of the county shall appoint a member for the unexpired term. (e) The governing body of the county may appoint up to three additional members to serve as alternate members of the county board of zoning appeals. The alternate members must meet the same eligibility requirements as set out in subsection (b) or subsection (c) of this section, as applicable. The term for an alternate member is three years. The governing body of the county may appoint alternate members on a staggered term schedule. (f) An alternate member shall serve on the board when one of the regular members is unable to serve. The alternate member shall serve until a final determination is made in the matter to which the alternate member was initially called on to serve. (g) The county board of zoning appeals shall establish rules and procedures for designating an alternate member. An alternate member shall have the same powers and duties of a regular board member. (h) The members and alternate members of a county board of zoning appeals shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.