5 of this chapter by a unit described in IC 36-7-2-1(b) and the unit adopts a comprehensive plan under this chapter, the legislative body of the unit shall establish a board of zoning appeals.(b) A board of zoning appeals established under this section:(1) shall exercise the board's powers and duties under this chapter within the unit in the same manner that a municipal board of zoning appeals established under this chapter exercises powers and duties under this chapter for a municipality; and(2) may not exercise the board's powers and duties under this chapter within a municipality that has established a plan commission under this chapter (other than a municipality that participated in the reorganization of the unit under IC 36-1.5).(c) Notwithstanding any other law, if the legislative body of a unit described in IC 36-7-2-1(b) establishes a board of zoning appeals under this section, the legislative body of the unit shall, by resolution or in the unit's plan of reorganization under IC 36-1.5, determine:(1) the number of members to be appointed to the unit's board of zoning appeals;(2) the person or y of the unit shall, by resolution or in the unit's plan of reorganization under IC 36-1.5, determine:(1) the number of members to be appointed to the unit's board of zoning appeals;(2) the person or entity that shall appoint or remove those members;(3) any required qualifications for those members; and(4) the terms of those members.As added by P.L.202-2013, SEC.35.
Indiana Legal Code