Sec. 901.5. (a) If an advisory plan commission is established under section 202.5 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 entity that shall appoint or remove those members; (3) any required qualifications for those members; and (4) the terms of those members.
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