Carmel Zoning ExtensionMEMO
To: Steve
From: Tom
Date: 8/19/87
Re: Carmel Zoning Extension
Question Presented: What must Carmel do to allow extension of
its zoning influence beyond its corporate
boundaries?
Discussion:
A municipality may extend its zoning influence to a
contiguous area not greater than two miles beyond the corporate
limits of the municipality so long as the commission believes
the area bears a reasonable relation to the development of the
municipality. I.C. 36-7-4-205(a),(b). However, all actions
must be taken by a metropolitan plan commission. So first,
Carmel must establish a metropolitan plan commission under
I.C. 36-7-4-410. "The legislative body of any municipality
located in a county having an advisory plan commission may,
by ordinance, designate that county plan commission as the
metropolitan plan commission." I.C. 36-7-4-410(a). After
establishment of the metropolitan plan commission, the
metropolitan plan commission must file with the recorder of
the county in which the municipality is located, a description
or map defining the limits of the area. If these are revised,
a revised description must be filed.
In certain situations §205 may require more. If any part
of the designated area is in the potential jurisdiction of another
metropolitan plan commission, the first may exercise jurisdiction
over that part of the area equal to:
the area within corporate boundaries of the municipality X
the total area within corporate boundaries of both muncipalities
the area within the potential jurisdiction of both metropolitan
plan commissions.
If the legislature of the county adopts a comprehensive plan
and ordinance covering the unincorporated areas of the city,
then the metropolitan plan commission must get authorization by
ordinance of the legislative body of the county. The ordinance
may be initiated by the county legislature or by petitions
signed and presented to the county auditor by: (1) not less than
50 property owners residing in the area involved in the
petition; (2) the county plan commission; or (3) the metropolitan plan
commission. Before action by the legislative body, the county plan
commission must have advertised public hearing as required by other
actions of the county plan commission under advisory planning law.
Upon passage of the ordinance and acceptance by the metropolitan plan
commission of jurisdiction, the metropolitan plan commission gets
zoning rights, etc. to the designated area.
Although no decisions have expressly held this, I believe that
this two mile extension can be made in harmony with the joinder
agreement. There is very little law on the joinder agreement.
However, in Bd. of Zoning Appeals of Town of Carmel v. Parsons,
1964, 202 NE2d 549, 136 Ind. App. 520, the court held that the
joinder agreement between Carmel and Clay Township had not
automatically extended the zoning influence to the two mile area
The court did not rule out the possibility of both existing and
indeed hinted that it was possible.
Respectfully submitted,
Tom Faulconer
TF: cj