17.09.055 Zoning of annexed lands.
A. Purpose. It is the purpose of this section to provide a procedure to ensure that the initial zoning of annexed territories is in conformance with town goals, policies and plans.
B. Determination of Town Council. Whenever the council shall determine that the best interest and general welfare of the town would be served by annexing territory, the town planner will cause an examination to be made of the comprehensive plan of the town. If the town planner determines that there is no comprehensive plan or the comprehensive plan is not current for the area of the proposed annexation, the town planner will cause an application to be made to the planning commission for an update of the comprehensive plan. If the town planner determines that a current comprehensive plan exists for the area of the proposed annexation, the town planner will cause an application to be filed with the planning commission for an initial zoning recommendation.
C. Recommendation of Planning Commission. Upon application by the town planner, the planning commission shall hold at least one public hearing to consider the comprehensive plan for the area of the proposed annexation. Notice of the time, place and purpose of such hearing shall be mailed to all property owners in the area to be annexed and given by publication in a newspaper of general circulation in the town and in the area to be annexed at least 10 days prior to the hearing. Within 14 days of the conclusion of the hearing, the planning commission shall make written findings from the record and conclusions therefrom as to the initial zoning of the area of the proposed annexation. The decision of the planning commission shall be limited to recommending initial zoning designations, which are consistent with the current comprehensive plan. The planning commission shall file the decision with the town council at the expiration of the period provided for a rehearing, or within 14 days of the conclusion of a rehearing if a rehearing is conducted.
D. Town Council Action.
1. Comprehensive Plan and/or Initial Zoning. Within 45 days of the receipt of the recommendation from the planning commission for the comprehensive plan for the area of the proposed annexation, the town council shall consider the comprehensive plan at a public meeting. The council may approve or disapprove the comprehensive plan as submitted, modify and approve as modified, or refer the comprehensive plan back to the planning commission for further proceedings. If the matter is referred to the planning commission, the council shall specify the time within which the planning commission shall report back to the council with findings and recommendations on the matters referred to it. An affirmative vote of not less than a majority of the total members of the council shall be required for approval. Upon approval of the comprehensive plan for the area of the proposed annexation, the town planner shall cause an application to be made to the planning commission for recommendations for initial zoning pursuant to the procedures set forth in this section if the ordinance adopting the initial zoning may provide that it will become effective upon the annexation of the area into the town. The town clerk shall file a certified copy of the ordinance and any accompanying maps or plats with the county auditor. [Ord. 378 § 2 (Exh. 1), 1999.]