Indiana § 36-7-4-906 - Board of zoning appeals; members; terms; removal

§ 36-7-4-906. Board of zoning appeals; members; terms; removal

Sec. 906. (a) ADVISORY─AREA. When an initial term of office expires, each new appointment is for a term of four (4) years.

(b) ADVISORY─AREA. Upon the establishment of a division of the board of zoning appeals, the members shall initially be appointed as provided in the zoning ordinance for the following terms of office:

(1) One (1) for a term of one (1) year.

(2) One (1) for a term of two (2) years.

(3) One (1) for a term of three (3) years.

(4) Two (2) for a term of four (4) years.

(c) ADVISORY─AREA. Under subsection (b), each term expires on the first Monday of January of the first, second, third, or fourth year, respectively, after the year of the member's appointment.

(d) METRO. Each appointment of a member of a division of a board of zoning appeals is for a term of one (1) year.

(e) METRO. The appointing authority may remove a member from the metropolitan board of zoning appeals. The appointing authority must mail notice of the removal, along with written reasons, if any, for the removal, to the member at the member's residence address. A member who is removed may not appeal the removal to a court or otherwise.

(f) ADVISORY─AREA. An individual who is appointed a member of the board of zoning appeals serves at the pleasure of the member's appointing authority as long as:

(1) the officeholder who appointed the individual continues to hold the office; or

(2) the board, committee, or body that appointed the individual retains all of the same members that served on the board, committee, or body when the individual was appointed.

If subdivision (1) or (2) does not apply, the individual may only be removed for cause. To be removed for cause, the appointing authority must mail notice of the removal, along with written reasons for the removal, to the member at the member's residence address. A member who is removed may, within thirty (30) days after receiving notice of the removal, appeal the removal to the circuit or superior court of the county.

(g) A member of a board of zoning appeals serves until the member's successor is appointed and qualified. A member is eligible for reappointment.

[Pre-Local Government Recodification Citations: 18-7-2-60 part; 18-7-3-11(1) part; 18-7-3-11(2) part; 18-7-4-906; 18-7-4-69; 18-7-5-71.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.42; Acts 1982, P.L.33, SEC.31; P.L.357-1983, SEC.4; P.L.127-2017, SEC.175; P.L.40-2026, SEC.17.