§ 31.20  PLAN COMMISSION; BOARD OF ZONING APPEALS.
   (A)   Plan Commission representation.
      (1)   The Plan Commission shall consist of seven members, each of whom shall reside in the town.
      (2)   Effective 1-2-2010, or as soon thereafter as is reasonably practicable, the Town Council shall appoint three members to the Plan Commission.
      (3)   Effective 1-2-2010, or as soon thereafter as is reasonably practicable, the Town Council President shall appoint four citizen members to the Plan Commission.
      (4)   Based upon the Transition Committee’s recommendation and determination that the geographic composition on the Plan Commission of four members from the Rural District and three members from the Town District is the greatest extent feasible and practicable for geographic representation, the Plan Commission membership shall consist of four members from the Rural District and three members from the Town District. Notwithstanding the provisions of this division (A)(4), no action of the Plan Commission may be challenged or invalidated on the basis of the residency of the members.
      (5)   (a)   Any appointed member who moves from the jurisdiction from which the member was appointed shall be treated as if the member had resigned and his or her term shall thereupon terminate, and the Town Council or the Town Council President shall appoint a replacement consistent with these requirements.
         (b)   If the jurisdiction of the residence of an appointed member changes due to reclassification of the District in which the appointed member resides, then the member shall not be deemed to have resigned and the appointed member may serve the remainder of his or her term.
      (6)   Effective 1-2-2010, or as soon thereafter as is practicable, and upon the Town Council satisfying itself that it has the authority to expand the membership of the Plan Commission, the Town Council President may appoint an additional two citizen members to the Plan Commission. At such time as the Town Council President appoints the two additional members, the residence of those members shall be based, to the greatest extent feasible, so that the total number of the nine appointed members of the Plan Commission residing in each of the two districts is proportionate to the land area of the two districts.
   (B)   Board of Zoning Appeals representation.
      (1)   The BZA shall consist of one division comprised of five members.
      (2)   Effective 1-2-2010, or as soon thereafter as is practicable, the members of the BZA shall be appointed as follows.
         (a)   Three citizen members shall be appointed by the Town Council President, of whom one must be a member of the Plan Commission and two must not be members of the Plan Commission.
         (b)   One citizen member shall be appointed by the Town Council, who must not be a member of the Plan Commission.
         (c)   One member shall be 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 (B)(2)(a) above.
      (3)   Based upon the Transition Committee’s recommendation and determination that the geographic composition on the BZA of three members from the Rural District and two members from the town district is the greatest extent feasible and practicable for geographic representation, the BZA membership shall consist of three members from the Rural District and two members from the town district. Notwithstanding the provisions of this division (B)(3), no action of the BZA may be challenged or invalidated on the basis of the residency of the members of the BZA.
      (4)   Any appointed member of the BZA who moves from the jurisdiction from which the member was originally appointed shall be treated as if the member had resigned and their term shall thereupon terminate, and the appointing authority that appointed that member shall appoint a replacement consistent with these requirements. If the jurisdiction of the residence of an appointed member changes due to reclassification of the district in which the appointed member resides, then the member shall not be deemed to have resigned and the appointed member may serve the remainder of his or her term.
   (C)   Transition Committee. The Transition Committee has reviewed this section and discussed it at meetings of the Transition Committee on 9-30-2009 and 12-16-2009, and recommends adoption of this section in furtherance of the reorganization and to foster and promote geographic representation on the boards and commissions as described in the reorganization plan and the reorganization ordinances.
(Ord. 2009-16, passed 12-17-2009)