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CITY OF CARMEL PLAN COMMISSION Rules of Procedure (Effective January 1, 2004) Article I. Authority and Duties Section 1. The City of Carmel Plan Commission (hereinafter called "Commission") exists as an Advisory Plan Commission under the authority of IC 36-7-4-404 and the Zoning Ordinance of Carmel, Indiana, and any amendments thereto. These rules are adopted in accordance with the requirements of IC 36-7-4-401. Section 2. The duties of the Commission shall be those set forth in IC 36-7-4-400 et seq., and such other responsibilities as may be required by state statute or the City of Carmel Code. Article II. Officers, Members & Employees Section 1. The Commission shall consist of 11 voting members, appointed in accordance with IC 36-7-4-207 and IC 36-7-4-214 (for those additional members appointed to represent that part of the Commission jurisdiction lying outside the corporate boundaries of the City). In addition, there shall be one advisory member appointed by the Hamilton County Plan Commission. Said advisory member shall have all rights of participation in the deliberations of the Commission except the right to vote. Section 2. At its first regularly scheduled meeting in each calendar year, the Commission shall elect from its voting membership a president and a vice president. Each shall serve during the period of their membership on the Commission for the balance of the calendar year. Section 3. The vice president shall act as president of the Commission during the absence or disability of the president. Section 4. Upon resignation or replacement of the president or vice president as a member of the Commission, the Commission shall elect a successor at its next regularly scheduled meeting. Section 5. The Commission shall appoint and fix the duties of a secretary, who is not required to be a member of the Commission. The secretary shall be charged with such duties as required under state statutes, City of Carmel ordinances, and then rules. Section 6. One member of the Commission shall be designated as the Commission’s representative to the Hamilton County Plan Commission. Section 7. One member of the Commission shall be designated as the Commission’s representative to the City of Carmel Board of Zoning Appeals. Section 8. If a vacancy occurs among the members of the Commission, the appointing authority shall appoint a member for the unexpired term of the vacating member. The appointing authority may remove a member pursuant to IC 36-7-4-218(f). In addition, if a member of the Commission misses three consecutive regular meetings, or a total of six meetings of the Commission in any calendar year, that member becomes disenfranchised and shall no longer be considered a viable member of the Commission. Section 9. The Commission may appoint such employees as are necessary to the discharge of the duties of the Commission. Within its budget allotment, the Commission may fix the compensation of such employees in conformity with salaries and compensation fixed up to that time by the Carmel City Council. Section 10. Within its budget allotment, the Commission may contract for special or temporary services and for legal counsel. Article III. Meetings Section 1. The regular meetings of the Commission shall be the third Tuesday of each month at 7:00 p.m. The location of the meeting shall be in Council Chambers of the City of Carmel City Hall, One Civic Square, Carmel, Indiana. If the date of a regular meeting falls on a legal holiday, or if it is impossible to conduct the meeting at that time or place, the president may set an alternate date, time or place for the regular meeting, or may cancel the meeting with the unanimous consent of the members of the Commission, provided that the notice requirements of IC 5-14-1.5 are complied with. Section 2. Special meetings may be called by the president or two members of the Commission upon written request to the secretary. The secretary shall send to all members, at least five calendar days before the special meeting, a written notice fixing the time, place and purpose of the meeting. Written notice is not required if: (a) the date, time and place of the special meeting is fixed in a regular meeting; (b) all members of the Commission are present at that regular meeting; and (c) the secretary complies with the notice requirements of IC 5-14-1.5. Section 3. The order of business at regular meetings shall be:
Section 4. The president of the Commission shall preside over meetings, decide questions of order, subject to appeal by Commission members, and preserve decorum in the meeting room. The president shall pronounce the decisions of the Commission for purposes of recording in the minutes. Section 5. No one who is not a member of the Commission shall be permitted to address the Commission except by request to and consent of the president. Article IV. Official Action Section 1. A majority of the members of the Commission who are qualified to vote shall constitute a quorum. Action of the Commission shall not be official unless it is authorized at a regular or properly called special meeting by a majority of the entire membership of the Commission. Section 2. Decisions of the Commission shall be by a show of hands, by roll call vote or by written ballot of the members. All members present shall vote on every question unless they are permitted to abstain by the presiding officer, or in the case of a zoning matter, have disqualified themselves because of a conflict of interest as defined under Section 3 of this Article. Section 3. No member of the Commission shall participate in a hearing, discussion, or decision of the Commission upon any zoning matter in which the member has a direct or indirect financial interest. A "zoning matter" includes an ordinance amendment or a rezoning but does not include the preparation or adoption of a comprehensive plan. A member shall declare his or her known conflict of interest. The Commission shall enter into its records the fact that the member has such a disqualification. Section 4. In the event a majority vote of the Commission cannot be achieved due to absences, permitted abstentions, or disqualifications, the matter shall be rescheduled for the next regular meeting. Section 5. Any member of the Commission who voted with the majority may call for a reconsideration of any vote at the same meeting of the Commission at which it passed, and, if sustained by a majority of the votes, the reconsideration shall be ordered. Article V. Minutes and Records Section 1. The secretary of the Commission shall prepare and maintain minutes of its meetings. The minutes shall include the vote of each member on each question presented or indicate that the member is absent, abstaining with permission, or not voting because of disqualification. Section 2. The minutes of the Commission meetings and all records shall be filed in the office of the Commission and are public record, as defined by IC 5-14-3. Section 3. The minutes shall be presented to the Commission for approval at the next succeeding regular meeting. When approved, the minutes shall be signed by the president and attested by the secretary. Article VI. Docketing Section 1. Each case to be heard before the Commission shall be filed in proper form with the required data and shall be numbered serially. The docket numbers shall include the year and begin anew on January 1 of each year and be identified as follows:
Section 2. If the Director of the Department of Community Services (DOCS) finds that the petition is in good order with sufficient information and material for Commission consideration (as described in Section 4 of this Article), the Director shall assign a docket number to the matter. Section 3. As soon as an item that requires a public hearing receives a docket number, it shall be placed on the agenda of the Commission by the Director of DOCS and a date and time set for the public hearing. The Director shall endeavor to arrange the agenda for each regularly scheduled meeting so that it contains no more than seven items requiring a public hearing. Items shall come before the Commission in the regular order of their consecutive numbers unless otherwise ordered by the Commission. Section 4. The deadline for placement of an item (which does not require a Public Hearing) on the Commission agenda for the regularly scheduled meeting shall be 4:30 p.m. 45 calendar days prior to the meeting. The deadline for placement of an item on the agenda of a standing committee for any meeting shall be 4:30 p.m. 14 calendar days prior to the meeting. No item shall be placed on the agenda of the Commission or a standing committee until all information and material to be presented to the Commission by the petitioner has been submitted to DOCS for review and judged to be in compliance with DOCS standards. All material regarding an agenda item including items requiring a Public Hearing shall be mailed to each member of the Commission or committee by DOCS (unless previously mailed by the petitioner) no later than seven calendar days prior to the meeting. Presentation of required filing documents at the meeting, as established by DOCS, shall require the Commission or committee to suspend these rules to proceed with further action on the petition. Failure to suspend the rules will prohibit further action on the petition until the next regularly scheduled meeting of the full Commission or committee. Article VII. Public Hearings/Notice Requirements Section 1. The Commission shall hold such public hearings as are required
by State Statute and City Ordinances. Items requiring Public Hearings are as
follows, but not limited to: Section 2. A petitioner who seeks to vacate a plat, change the official zoning map (rezone), amend the text of the zoning ordinance, subdivision control regulations or comprehensive plan, or other matter under jurisdiction of the Commission shall file a petition with Commission. Two copies of the petition, application, or plats must be filed with the Commission at least 60 days prior to a regularly scheduled Commission meeting. Section 3. All petitions not initiated by the Commission itself shall be accompanied by a non-refundable filing fee in an amount established by the Carmel/Clay Zoning Ordinance, Section 29.6. Section 4. For the purpose of amending the previous section dealing with filing fees, the Commission shall publish a public notice in a newspaper of general circulation which conforms to sections 9 and 10 of this Article. Section 5. The Commission may require additional information, data, statistics, or plats beyond those established by statute or ordinance which are deemed necessary for intelligent determination by the Commission. Section 6. The petitioner is hereby designated by the Commission as the party responsible for preparing the legal advertisement of the public hearing for the approval of the Commission and shall bear the expense of the advertising cost. Section 7. A. When a Public Hearing is required for an amendment to the Comprehensive Plan notice shall be given to all interested parties as follows:
B. When a Public Hearing is required for any ministerial or administrative determination to be made by the Commission, notice shall be given to the general public as described in Paragraph A and shall also be sent by certified letter to all interested parties as follows:
C. When a Public Hearing is required for any ministerial or administrative determination to be made by the Commission, the petitioner shall also serve notice to the general public by placing a sign per the approval of Staff on the subject property. The sign shall be placed no less than 25 days prior to the public hearing and removed no more than three days after. Section 8. A. When a public notice of hearing is required for the amendment to the wording or text of the Zoning Ordinance under IC 36-7-4-607, it shall be given to interested parties as follows: (1) Interested parties shall be the residents of the jurisdiction of the Plan Commission and of the two adjoining counties. (2) Notice will be by publication in a daily newspaper of general circulation in the county. (3) It will be the responsibility of the petitioner to publish all of said notices. B. When a Public Hearing is required for a rezone by an amendment to the zone maps under IC 36-7-4-608, then notice shall be given as follows:
C. When a Public Hearing is required for a rezone by an amendment to the zone maps under IC 36-7-4-608, the petitioner shall also serve notice to the general public by placing a sign per the approval of Staff on the subject property. The sign shall be placed no less than 25 days prior to the public hearing and removed no more than three days after. Section 9. The Commission shall require the petitioner to notify by certified letter all persons deemed by State Statute and the Commission to be interested parties as defined above. However, when an amendment to the zone maps under IC 36-7-4-608 would rezone the subject property or properties to any Park and Recreation District, the petitioner shall notify by certified letter all owners of the subject property but shall not be required to notify by certified letter the owners of interested parties as defined above. Notice of hearings on proposals initiated by the Commission pursuant to IC 36-7-4-602(b)(1) or IC 36-7-4-602(c)(1) shall be published or sent not less then 10 days prior to the Public Hearing date (including the date of the hearing). Notice of hearings on all other proposals shall be published or sent not less then 25 days prior to the Public Hearing date (including the date of the hearing). The parties designated in the above sections will be the persons designated by the Commission as the party responsible for causing the notice to be published. For the purposes of consideration, a daily newspaper of general circulation in Hamilton County in accordance with the Indiana Code would be the Indianapolis Star.
Section 10. The following information shall be included in both the published legal notice (Section 9) and the notice to interested parties (Section 8): (a) Docket number and the substance of the matter to be heard (b) The legal description of the subject real estate (c) General location by address or other identifiable geographic characteristic of the property (d) Name of the person, agency or entity initiating the matter to be heard (e) A general description of the petitioner’s request of approval (f) Date, time and place of the hearing (g) Statement that the petition may be examined at the DOCS office (h) Statement that any person may offer verbal comments at the hearing or may file written comments prior to or at the hearing (i) Any other information which may be required by law to be contained in such notice Section 11. Three working days prior to the date of the public hearing, the petitioner shall deliver to the Office of the Director of DOCS a copy of the notice mailed to the interested parties, a copy of the petitioner’s certified mail receipts and an affidavit from the publisher (newspaper) certifying the date that the notice was published. Section 12. An interested party may waive, at any time, notice of the public hearing by the execution of a written statement addressed to the president or secretary of the Commission stating that such interested party has or had knowledge of the date, time and place of the public hearing, and the nature of petitioner’s requested approval and hereby waives notice of such public hearing thereon as required under this Article.
Article VIII. Conduct of Public Hearings Section 1. At a public hearing before the Commission, the petitioner, property owner, or agent for the petitioner shall first present the facts and arguments in support of the case. Comments and questions from the Commission members may be interjected during the presentation for clarification of the subject matter. Each of those persons who wishes to comment on the petition must address the president and be recognized before speaking. Each person must state his or her name and address. To maintain orderly procedure, each side should proceed without interruption by the other side. Section 2. All items for Public Hearing shall be presented in the following manner:
At the discretion of the majority of the Commission members present the above time may be extended. There should be no time for rebuttal of the rebuttal; however, should it occur the petitioner shall always be given the opportunity to give final rebuttal (per Roberts Rules of Order). Section 3. The president shall close the public hearing after the Commission has adequately heard from all interested parties. The president shall distribute or read all written public comments on the petition received by the Commission. All public comments will be entered into the public record by the Commission secretary. Section 4. The petitioner may summarize arguments and the Commission may question further. After the public hearing is formally closed and comments and questions from the Commission and/or Staff have been heard, the president shall then assign the matter to the appropriate committee, unless these Rules are suspended and a vote taken in accordance with Article XII, Section 2 herein. Section 5. If the Staff and Commission’s questions and concerns have been satisfactorily answered during the public hearing, then final action may be taken at that time. To take final action at this time a suspension of the rules is required. Section 6. In the presentation of a case, the burden shall be upon the petitioner to supply all information, including charts, diagrams and other exhibits necessary for a clear understanding of the project. The Commission may continue the hearing when in its judgment the petitioner has not provided sufficient evidence on which to make a determination. Section 7. Every person appearing before the Commission shall abide by the order and directions of the president. Discourteous, disorderly or contemptuous conduct shall be regarded as a breach of the privileges of the Commission and shall be dealt with as the Commission directs. Applause in support of statements is an example of discourteous conduct which will not be condoned. In addition, the president shall have the authority to prohibit repetitious and irrelevant testimony and shall have the authority to limit the length of testimony by each speaker as deemed appropriate to a fair and efficient public hearing. Section 8. The Commission, at its discretion, may permit a petitioner to make amendments or modifications to a proposal pending before it, or may continue or postpone the hearings of any case. Article IX. Final Disposition of Cases Section 1. After consideration of any reports and recommendations of DOCS, the final disposition of any case shall be in the form of a decision or report, setting forth, when deemed appropriate, the recommendation (if any), findings and determinations of the Commission, together with any modifications, specifications or limitations which it makes. In any case in which the Commission is required to make written findings along with a final decision, the Commission may adopt findings as submitted by the petitioner or by any interested party, with or without modifications, specifications or limitations, or the Commission may delegate to Staff and/or legal counsel the authority to prepare written findings. When written findings are required, the Commission’s findings shall be executed by the president and secretary of the Commission and filed in the office of the Commission within 45 days after the date of the Commission’s final decision. Section 2. The Commission may dismiss a case for lack of prosecution or lack of jurisdiction. When a petitioner has failed to appear at two consecutive meetings, the case may be dismissed for lack of prosecution. With respect to a Secondary Plat, when the Secondary Plat has been pending before Staff for three consecutive months, Staff may request that the Commission dismiss the case for lack of prosecution. Staff shall notify the petitioner by mail, not less than 10 days before presenting the request to the Commission, that Staff will seek the Commission’s approval to dismiss the Secondary Plat petition. Section 3. A petitioner may not withdraw a case after a vote has been ordered by the president. Section 4. A case which has been withdrawn by the petitioner shall not be placed on the docket again for consideration within a period of six months after the date of withdrawal. Section 5. A case which has been decided adversely to the petitioner shall not be placed on the docket again for consideration until the legality of the Commission’s decision is finally determined pursuant to IC 36-7-4-1000 et seq., or for a period of 12 months following the date of the adverse decision previously rendered, whichever is later. Section 6. Because the Commission’s recommendation (if any) is only advisory in matters of rezones and text amendments to the Zoning Ordinance, Subdivision Control Regulations, or Comprehensive Plan, all such matters shall be certified to the Common Council for its consideration in accordance with state statute. The Commission’s recommendation (if any) on any such matter may then be followed or overturned by the Common Council in accordance with state statute and the rules of the Council. Article X. Reconsideration The Commission may not further consider for one year any proposal to amend the zoning map (rezone) which has been defeated under subsection (f)(3), (g)(3), or (g)(4) of IC 36-7-4-608. Article XI. Committees Section 1. The regular meetings of the Commission’s Standing Committees (Subdivision and Special Study Committees) shall be on the first Tuesday of each month at 7:00 p.m. in the Caucus Rooms (on the north side of the Council Chambers) of the City of Carmel City Hall, One Civic Square, Carmel, Indiana or other such time, date, place as designated by the Commission. Section 2. A. The Special Study Committee shall be appointed by the president of the Commission, for one year and shall meet as required. Vacancies shall be filled immediately by the president. B. The Special Study Committee shall review in detail, and file a written report with the Commission on the proposals presented to the Commission at public hearing and referred to the Committee for further study. In addition, pursuant to IC 36-7-4-402(d), the Commission hereby designates and empowers the Special Study Committee to review, and approve or disapprove, all ADLS Amendment petitions that are filed with and docketed by DOCS. Section 3. A. The Subdivision Committee shall be appointed by the president of the Commission, for one year and shall meet as required. Vacancies shall be filled immediately by the president. B. The Subdivision Committee shall review in detail, and file a written report with the Commission, on the proposals presented to the Commission and referred to the Committee which deal specifically with Primary Plat Applications, Residential Planned Unit Developments, matters specifically concerning the design and operation of all subdivisions, and other matters which are from time to time assigned to it by the Commission. In addition, pursuant to IC 36-7-4-402(d), the Commission hereby designates and empowers the Subdivision Committee to review, and approve or disapprove, all Primary Plat Amendment petitions that are filed with and docketed by DOCS. C. The Commission hereby designates and appoints the Executive Committee of the Commission as its plat committee pursuant to IC 36-7-4-701(e). Secondary Plats and related construction plans may be presented by Staff to the Executive Committee for resolution when not all concerns have been resolved between Staff and the petitioners. However, the Executive Committee may act under this paragraph only if the petitioner has given 25 days notice of the Executive Committee meeting to the same interested parties who received notice of the Primary Plat petition under Article VII of these Rules. Otherwise, the Commission hereby delegates to Staff the authority to grant Secondary Plat approvals, in accordance with IC 36-7-4-710. D. Pursuant to IC 36-7-4-709(c), the Director shall determine, based on inspections conducted by Staff, whether all improvements and installations as shown on the Primary Plat have been constructed and completed as required by the Subdivision Control Ordinance. However, in accordance with IC 36-7-4-709(a) and (b), approval may be granted to a Secondary Plat for a subdivision in which the improvements and installments have not been completed as required by the Subdivision Control Ordinance, if:
Section 4. A. The Executive Committee shall consist of the president, vice president, chairperson of the Subdivision Committee, chairperson of the Special Study Committee, and an at-large member elected by the Commission. A majority of the Executive Committee may act in the name of the Commission; but if there are any dissenting votes, a person voting in the minority may appeal the decision of the Executive Committee to the Commission. B. The Executive Committee shall review proposed budgets and rule changes, establish personnel salaries, and act in the name of the Commission on all administrative matters. The Executive Committee shall meet to consider matters which are brought before it by the president, who shall serve as the chairperson of the Executive Committee. The Executive Committee shall recommend procedures for resolving special issues and concerns brought to the Commission for consideration. Section 5. The president shall take geographical distribution into consideration when establishing membership of said committees. Section 6. Additional committees may be formed and appointed by the president of the Commission for purposes and terms which the Commission approves. Section 7. The chairpersons of the Subdivision and Special Study Committees shall be elected by the members of the Committees. Section 8. Committees shall keep minutes of their proceedings showing the vote of each question presented. Section 9. A majority of the members of a Committee shall constitute a quorum. Action of a Committee shall not be official unless it is authorized at a regular or properly called special meeting by a majority of the entire membership of the Committee. Section 10. If less than a majority of members of a committee are present, the president may appoint himself or other Commission members to hear and vote the matters pending before that committee. Section 11. Any and all Committee and Executive Session meetings of the Commission shall be open to all members of the Commission. However, attendance at a Committee meeting by a majority of the entire membership of the Commission shall not convert such Committee meeting into a meeting of the Commission, for purposes of Article IV of these Rules, nor shall any action taken at such a meeting be deemed the official action of the Commission. Article XII. Miscellaneous Section 1. Roberts Rules of Order are hereby incorporated by reference and made a part of these Rules and shall control on issues and procedures not expressly provided for herein. Section 2. Proposed additions to, alterations, and amendments or repeal of these Rules of Procedure may be presented by the Executive Committee at any regular or special meeting of the Commission. Such additions, alterations, or amendments may be adopted only upon the affirmative vote of a majority of the members of the Commission. The suspension of any rule may be ordered at any meeting by a two-thirds vote of the Commission (8 of 11). Article XIII. Repeal All previous rules and regulations heretofore published by the City of Carmel/Clay Township Plan Commission are hereby superseded and replaced by these rules, as of January 1, 2004. Rules of Procedure of the City of Carmel Plan Commission of Hamilton County, Indiana, effective as of January 1, 2004, approved by the affirmative vote of a majority of the members of the Executive Committee of said Commission at a special meeting of said Executive Committee held on the 19th day of December, 2003.
Attest: Ramona Hancock, Secretary
Documents to Download and links to additional information:
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Plan Commission Rules of Procedure
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Board of Zoning Appeals Rules of Proceedure Questions? To learn all about PDF files
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