The Town of Zionsville Town Council on July 7 introduced Ordinance 2025-17, a proposed new section of the town code that establishes a formal process and permitting framework for encroachments into public rights-of-way, including temporary items such as dumpsters and pods and permanent devices the public does not maintain.

Lance (last name not specified), director of the Town of Zionsville Department of Public Works, told the council “these are not easements” and described the proposal as a code section specific to rights-of-way (the property alongside roads and sidewalks the town owns and maintains) rather than utility or drainage easements. He said the draft separates permanent encroachments—rare building-type extensions or private radar signs and cameras—from common temporary encroachments such as dumpsters, storage pods and seasonal materials.

Heather (last name not specified), staff counsel, said the draft includes a process to remove unauthorized obstructions after 24 hours and recoup the town’s cost where allowed by statute. The council discussed the existing $65 right-of-way encroachment fee assessed by Planning and Building; staff said the fee is currently charged but they will consider lowering it for short-term requests and will finalize fees and forms before second reading.

Councilors and staff discussed safety and enforcement details. Councilors asked whether the permit applicant or the town provides nighttime demarcation such as lighted amber lamps or reflective markers; staff said the intent is that the applicant will provide required demarcation and that the town may require specific devices by condition of the permit. Staff also said the ordinance will standardize how outdoor dining requests in the public right-of-way are reviewed if outdoor dining is moved out of the B.C.A. (business code) and under DPW oversight.

Action: A motion to introduce Ordinance 2025-17 passed 7-0 (mover: presiding councilor; second: Councilor Melton). Councilors asked staff to clarify language about required demarcation and to prepare forms and any fee adjustments before second reading. The council did not suspend rules for immediate final adoption; staff said they will offer clarifying edits for the next meeting.

The ordinance creates a town-managed encroachment process, standardized application forms, and enforcement steps; final adoption will be subject to second reading and any public input requested for that hearing.