Pursuant to I.C. 36-7-4-902, there is hereby created a municipal Advisory Board of Zoning Appeals, to be legally known as the “Roachdale Advisory Board of Zoning Appeals” with all the powers and duties set forth in LC. 36-7-4 and state law generally for municipal advisory boards of zoning appeals. This specifically includes, therefore, the powers and duties set forth in I.C. 36-7-4-900 et seq.
(A) The Board shall consist of five members to be appointed pursuant to I.C. 36-4-7-902(a) as follows.
(1) The Town Council, as the fiscal body of the town, shall appoint one member who must not be a member of the Plan Commission.
(2) The President of the Town Council, as the town executive, shall appoint three citizen members, one of whom must be a member of the Plan Commission and two of whom cannot be members of the Plan Commission.
(3) The Plan Commission shall appoint one member from the Commission’s membership, who must be either a county agricultural agent or a citizen member of the Commission other than a person appointed by the President of the Council pursuant to division (A)(2) above.
(4) A Board member may not hold other elective or appointive office in municipal, county or state government, except as permitted or required by I.C. 36-7-4-902.
(5) A member must be a resident of the jurisdictional area of the Board or otherwise be eligible pursuant to I.C. 36-7-4-905.
(6) Initial appointments shall be staggered at one year intervals per I.C. 36-7-4-906, and as an initial term expires, each appointment shall be for a four-year term, but a member shall continue in office until her or his successor is duly appointed and qualified.
(7) If an appointment for any new term is not made by the first Monday in January, the incumbent member shall continue to serve for the remaining full term.
(8) If a vacancy occurs on the Board, the appropriate entity shall appoint a member to serve for the remainder of the unexpired term.
(B) The appointing authority may remove a member from the Board for cause. The appointing authority must mail notice of the removal, along with written reasons for the removal, to the member at his or her residence address. A member who is removed may, within 30 days after receiving notice of the removal, appeal the removal to the Circuit or Superior Court of the county.
(C) The Board shall be organized and operate as required by I.C. 36-7-4-900 et seq.
(Ord. 1-2016, passed 1-12-2016)