Committee recommends amending zoning-notice ordinance to align with Indiana law

At a meeting of the Carmel Common Council Finance, Utilities and Rules Committee on Oct. 6, 2025, members voted to recommend amendments to Ordinance D-2780-25, which would remove the municipal requirement that the Common Council separately publish notice for changes to the official zoning map and rely on existing planning commission notice procedures.

The measure, introduced as Ordinance D-2780-25, would delete the council’s separate publication requirement in city code section 3-44 and replace it with a provision that notice must be provided “in conformance with Indiana law,” language recommended by Benjamin Leggs, the city attorney. Leggs told the committee the change is intended to ensure the city’s notice rules track any future changes in state statutory notice requirements: “insert new language in conformance with Indiana law,” he said.

The committee also discussed who is responsible for providing proof of publication when annexation or other petitions require notice. Director of Community Services Mike Holabarth had requested a short buffer so the clerk’s office would have time to verify publication before a hearing. Staff initially proposed a 48-business-hour window for petitioners to file proof of publication with the clerk; the committee voted to amend that to a clearer deadline of two business days before the hearing.

Supporters said the change is intended to preserve public input time after plan commission actions. Several council members noted a 90-day statutory timeframe between plan commission action and the council’s final action, which they said can compress local review time; they emphasized that the city cannot change the state’s 90-day limit. Benjamin Leggs repeated that aligning the city requirement to state law preserves flexibility and ensures compliance.

Procedural steps taken in the committee: a motion to amend the ordinance to add the two changes discussed (the “in conformance with Indiana law” language and the 2-business-day proof-of-publication buffer) passed, followed by a recommendation that the council approve Ordinance D-2780-25 as amended. The committee recorded the motions as carrying with a positive recommendation to the full council; the committee chair said the amended version would be prepared as “version A” for the council meeting later that evening.

What changed and why it matters: the ordinance as amended removes the duplicate local publication requirement when plan commission notice already occurs and substitutes a state-aligned standard; proponents said the change should reduce publication delays that have eaten into the city’s available review time after plan commission action while preserving public hearing opportunities at the council level.

Next steps: committee staff will prepare an amended version (version A) reflecting the committee’s edits for the full Common Council to consider at the council meeting later that night.