Section 36-7-4-901 - Board of zoning appeals; establishment; divisions; jurisdiction; continuation of certain boards(a) As a part of the zoning ordinance, the legislative body shall establish a board of zoning appeals.(b) The board of zoning appeals is composed of one (1) division, unless the zoning ordinance is amended under this subsection. Whenever considered desirable, the zoning ordinance may be amended to establish an additional one (1), two (2), or three (3) divisions of the board of zoning appeals.(c) After January 1, 1984, whenever any divisions of the board of zoning appeals are established or reestablished by the zoning ordinance, the ordinance must provide for each division to consist of five (5) members appointed in accordance with section 902 of this chapter.(d) The board of zoning appeals shall be known as:(1) the advisory board of zoning appeals (under the advisory planning law);(2) the area board of zoning appeals (under the area planning law); or(3) the metropolitan board of zoning appeals (under the metropolitan development law).(e) Except as provided in this section, a board of zoning appeals has territorial jurisdiction over all the land subject to the zoning ordinance, and if the board has more than one (1) division, all divisions have concurrent jurisdiction within that territory.(f) ADVISORY-AREA. The zoning ordinance may provide that any additional division of the board of zoning appeals, having been established under subsection (b), is to have only limited territorial jurisdiction. The zoning ordinance must describe the limits of that division's territorial jurisdiction and specify whether that division has exclusive or concurrent jurisdiction within that territory.(g) METRO. Any municipal board of zoning appeals that was established by an excluded city under IC 18-7-2-61 (before its repeal on September 1, 1981) continues as the board of zoning appeals for that municipality. A board of zoning appeals for an excluded city has exclusive territorial jurisdiction within the corporate boundaries of that municipality. All divisions of the metropolitan board of zoning appeals have concurrent territorial jurisdiction throughout the remainder of the county. The legislative body of the consolidated city may adopt ordinances to regulate the time of the meetings and the voting procedures of the metropolitan board of zoning appeals.(h) ADVISORY. Any board of zoning appeals that was established under IC 18-7-3-11 continues as the board of zoning appeals for that jurisdiction, until otherwise provided by the zoning ordinance.(i) AREA. Any board of zoning appeals that was established under the advisory planning law and continued in existence under the area planning law continues as the board of zoning appeals for that jurisdiction, until otherwise provided by the zoning ordinance.(j) AREA. Any board of zoning appeals that was established under the area planning law as a seven (7) member board continues as the area board of zoning appeals, until otherwise provided by the zoning ordinance.(k) METRO. The zoning ordinance may provide that a historic preservation commission created under IC 36-7-11.1-3 may exercise the powers of a board of zoning appeals within a historic area or historic zoning district established under IC 36-7-11.1-6. However, this subsection does not eliminate the need for a historic preservation commission to issue a certificate of appropriateness under IC 36-7-11.1-8(e) before the approval of a variance by either: (1) a board of zoning appeals; or(2) a historic preservation commission exercising the powers of a board of zoning appeals.Pre-Local Government Recodification Citations: 18-4-8-11; 18-7-2-4 part; 18-7-2-59 part; 18-7-2-61 part; 18-7-3-11 part; 18-7-4-901; 18-7-4-65; 18-7-5-69 part.
As added by Acts1981 , P.L. 309, SEC.23. Amended by P.L. 357-1983, SEC.1; P.L. 3-1990, SEC.125; P.L. 321-1995, SEC.4; P.L. 164-1995, SEC.20.