§ 152.042 ZONING OF NEWLY ANNEXED LAND TO THE TOWN.
   (A)   All real property annexed into the town after the effective date of this chapter shall be considered zoned to the R1 District of this chapter.
   (B)   In those instances in which the owner of real property proposed for annexation into the town desires annexation only if the zoning of the real property is zoned to a district other than R1, the owner may file a petition for zone map change which shall identify the real property and the requested district. The petition shall be filed in compliance with the provisions of this chapter and any applicable procedures adopted by the Area Plan Commission. The Area Plan Commission shall consider the petition for zone map change and certify the petition for zone map change to the Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation. The Town Council shall consider the request for annexation and zone map change at a combined hearing and shall determine the annexation question and zone map change under a single combined vote. The Area Plan Commission and Town Council shall have all powers delegated to them by I.C. 36-7-4-600 et seq. and this chapter in determining the zone map change.
   (C)   The Area Plan Commission shall not be obligated to recommend approval, nor shall the Town Council be obligated to approve a request for zone map change which, in the sole discretion of the Area Plan Commission or Town Council, is not consistent with the Comprehensive Plan, the purpose and intent of this chapter, or the requirements for the approval of a zone map change contained in this chapter and state law.
(Ord. 1221, § 1.02(h), passed 1-26-2010)