(A)   A Board of Zoning Appeals is hereby created. Such Board shall consist of five members who shall be appointed by the Mayor. Vacancies shall be filled in the same manner for the unexpired term. Upon the creation of the Board the members shall be appointed for the following terms: One for a term of one year; one for a term of two years; one for a term of three years; and two for a term of four years. The terms shall expire on January 1 of the first, second, third or fourth year respectively, following their appointment and thereafter as their terms expire each new appointment shall be for a term of four years. Members of the Board shall be removable for nonperformance of duty, misconduct in office or other causes by the Common Council upon written charges having been filed with the Common Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the members so charged at least ten days prior to the hearing, either personally or by registered mail or by leaving the same at his usual place of residence. The member shall be given an opportunity to be heard in answer to such charges.
   (B)   Said Board shall consist of five members as follows:
      (1)   Three citizen members appointed by the Mayor, of whom one must be a member of the Plan Commission and two must not be members of the Plan Commission;
      (2)   One citizen member appointed by the Common Council, who must not be a member of the Plan Commission;
      (3)   One member appointed by the Plan Commission from the Plan Commission's membership, who must be a county agricultural agent or a citizen member of the Plan Commission other than the member appointed under division (B)(1) above.
   (C)   None of the members of the Board may hold:
      (1)   An elected office (as defined in IC 3-5-2-17); or
      (2   Any other appointed office, except as permitted by IC 36-7-4-902, in municipal, county, or state government.
   (D)   All members of the Board must meet one of the following requirements:
      (1)   The member must be a resident of the city; or
      (2)   The member must be a resident of the county and also an owner of real property located in whole or in part in the city.
   (E)   However, at least a majority of the total number of citizen members appointed to the Board must be residents of the city. The Board shall determine whether a member meets all applicable residency requirements for appointment in accordance with uniform rules prescribed by the Board.
(Ord., passed - -79; Am. Ord. 1980-5, passed 7-7-80; Am. Ord. 2017- 017, passed 12-4-17)