There is hereby reestablished the Advisory Board of Zoning Appeals to be known as the Advisory Board of Zoning Appeals of the city. The Advisory Board of Zoning Appeals shall be a continuation of the present Board of Zoning Appeals of the city heretofore established under the advisory plan law, being I.C. 36-7-4-900, as added by Acts 1981, P.L. 309 § 23.
(A) Membership. The Advisory Board of Zoning Appeals shall consist of and continue as a five member board appointed as follows, in accordance with I.C. 36-7-4-902 and 36-7-4-903.
(1) Three citizen members appointed by the executive of the city, 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 fiscal body of the city, 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 citizen member of the Plan Commission other than the member appointed under division (A)(1) above.
(4) The Plan Commission shall designate, as its appointment to the Advisory Board of Zoning Appeals, one of the two citizen members who were appointed to the Plan Commission to represent the unincorporated area. The member must reside in the unincorporated area. The member shall be appointed for a term of four years, and is entitled to participate and vote in all deliberations of the Advisory Board of Zoning Appeals.
(B) Terms of office. Following adoption of this chapter, each of the above members shall be reappointed for the balance of the term being served on the present Advisory Board of Zoning Appeals of the city. Thereafter each member, except those appointed from the Advisory Plan Commission shall be for a term of four years. The members appointed from the Advisory Plan Commission shall be for a term of one year. Each term shall expire on the first Monday of the year of termination.
(C) Territorial jurisdiction. The Advisory Board of Zoning Appeals shall have jurisdiction over all the land subject to this chapter.
(D) Subject matter jurisdiction. The Advisory Board of Zoning Appeals shall have exclusive jurisdiction for:
(1) Variances under statute and this chapter;
(2) Special uses; and
(3) Appeals as provided by statute, including requirements for procurement of improvement location or occupancy permits or any ordinance adopted under I.C. 36-7-4 or any prior zoning statute, and any other appeals authorized by statute.
(Ord. 614, passed 2-22-1999; Ord. 892-2016, passed 11-14-2016)