Section 36-7-4-907 - Board of zoning appeals; members; vacancies(a) If a vacancy occurs among the members of the board of zoning appeals, the appointing authority shall appoint a member for the unexpired term of the vacating member. In addition, the appointing authority may appoint an alternate member to participate with the board in any hearing or decision if the regular member it has appointed has a disqualification under section 909 of this chapter, or is otherwise unavailable to participate in the hearing or decision. An alternate member shall have all of the powers and duties of a regular member while participating in the hearing or decision.(b) A member of the board of zoning appeals who misses three (3) consecutive regular meetings of the board may be treated as if the member had resigned, at the discretion of the appointing authority.(c) Members serving in any division of the board of zoning appeals may also serve as alternate members for the other divisions of the board of zoning appeals. Whenever regular and alternate members serving in a particular division are unavailable, the chairperson or vice chairperson of the affected division may select members from other divisions in order to assemble up to five (5) members to participate in any hearing or decision.(d) METRO. If there is an absence, the board of zoning appeals must satisfy to the extent possible the township standard specified by law.Pre-Local Government Recodification Citations: 18-7-2-60 part; 18-7-2-62; 18-7-4-907; 18-7-4-70; 18-7-5-74.
Amended by P.L. 161-2021,SEC. 7, eff. 7/1/2021.Amended by P.L. 126-2011, SEC. 28, eff. 7/1/2011.As added by Acts1981 , P.L. 309, SEC.23. Amended by Acts1981 , P.L. 310, SEC.43; P.L. 357-1983, SEC.5; P.L. 345-1987, SEC.3; P.L. 226-1997, SEC.3.