A. General. The Common Council may by annexation ordinance, and subject to the following procedures and Indiana law, annex property into the corporate limits of the City.
B. Initiation of Annexation.
1. Annexation to the City may be initiated in one of the following ways:
a. By the Common Council, in accordance with Ind. Code § 36-4-3-3 and Ind. Code § 36-43-4; or
b. By the filing of a petition signed by at least one of the following:
i. Fifty-one percent (51%) of the owners of land in the territory sought to be annexed, in accordance with Ind. Code § 36-4-3-5;
ii. Owners of seventy-five percent (75%) of the assessed value of the land for property tax purposes, within the area proposed to be annexed, in accordance with Ind. Code § 36-4-3-5; or
iii. One hundred percent (100%) of the owners of land within the territory that is proposed to be annexed, in accordance with Ind. Code § 36-4-3-5.1.
2. Petitions to the Common Council shall be filed with the Plan Commission.
C. Public Hearing by Common Council. After the filing of a petition for annexation, said petition shall be transmitted to the Common Council for introduction. The Common Council shall schedule a public hearing after a petition is received. Said hearing shall be held no earlier than sixty (60) days after the annexation ordinance is introduced by the Common Council, with notice given at least sixty (60) days before the public hearing, except in cases of voluntary annexation under Ind. Code §36-4-3-5.1, when the notice shall be given at least twenty (20) days before the hearing. All notices shall be given in the manner prescribed in Ind. Code § 36-4-3-2.1.
D. Adoption of Fiscal Plan. A fiscal plan that meets the requirements of Ind. Code § 36-4-3-13 shall be prepared for all annexations, as required by Ind. Code § 36-4-3-3.1. The fiscal plan for each annexation shall be adopted by the Common Council prior to the adoption of the annexation ordinance.
E. Common Council Action. Following adoption, an annexation ordinance shall be published in accordance with Ind. Code § 36-4-3-7. The annexation ordinance shall take effect ninety (90) days after publication, unless a petition for written remonstrance is initiated in accordance with Ind. Code § 36-4-3-11 et. seq. Said remonstrance must be filed within ninety (90) days following the publication of the annexation ordinance.
F. Zoning of Annexed Land.
1. The Common Council shall zone all land annexed to the City as follows, unless otherwise requested by the property owner at the time of filing:
a. Land which was zoned to an agricultural or residential classification pursuant to the zoning ordinance of Johnson County and improved with a non-agricultural use shall be assigned to a RL zone under this Ordinance upon annexation to the City;
b. Land which was zoned to a business classification pursuant to the zoning ordinance of Johnson County shall be assigned to a CS zone under this Ordinance upon annexation to the City;
c. Land which was zoned to an industrial classification pursuant to the zoning ordinance of Johnson County shall be assigned to an IL zone under this Ordinance upon annexation to the City;
d. Land which was zoned to any zoning classification pursuant to the zoning ordinance of Johnson County other than those identified above shall be assigned a RL zone of this Ordinance upon annexation to the City; and
e. Land which was zoned to any zoning classification pursuant to the zoning ordinance of Johnson County and improved with an agricultural use shall be zoned to the AG district and be eligible for municipal tax exemption in accordance with Ind. Code § 36-4-3-4.1 upon annexation into the City.
2. In any of the foregoing circumstances, the Common Council may assign different zoning classification(s) to the land in the ordinance annexing the land based upon evidence or testimony presented at the annexation hearing required under Ind. Code § 36-4-3-2.1.
(Ord. 20-29, § 2, 9-21-20)