§8-2-1. Requirements for incorporation; size and character of territory; population.
(a) Any part of a county or counties may be incorporated as a city, depending upon the population, either as a Class I, Class II or Class III city, or as a Class IV town or village, as classified in section three, article one of this chapter if the area proposed for incorporation meets the following conditions:
(1) The area is not currently within any municipality urban in character;