The purpose of this chapter is to enact policies relating to annexation and petitions for annexation of property to the city, to determine the process and criteria by which annexations will be reviewed and approved, to provide for city review of all annexation requests for a determination of the availability of facilities and services as related to the proposal, and maximize citizen involvement in the annexation review process.

(Ord. 415 § 7.145.010, 2002)

Annexations shall be considered on a case-by-case basis, taking into account the goals and policies in the Aurora comprehensive plan, long range costs and benefits of annexation, statewide planning goals, this title and other ordinances of the city and the policies and regulations of affected agencies' jurisdictions and special districts.

(Ord. 415 § 7.145.020, 2002)

A.

The approval process for annexations to the city shall be as provided in ORS 222.

B.

The application for an annexation required by this chapter shall be filed with the city, including required fees on forms provided by the city. Upon receipt of a completed request for annexation, the Planning Director shall prepare a staff report and recommendation describing compliance with the policies and criteria required by this and other relevant ordinances. The Planning Commission shall hold a public hearing in accordance with the provisions of Chapter 16.76 and shall make a recommendation to the City Council. The City Council shall hold a public hearing in accordance with the provisions of Chapter 16.76. Following the public hearing, the City Council shall make a final decision on the annexation request. The final action on a proposed annexation shall be by ordinance.

(Ord. 487 § 2, 2017; Ord. 415 § 7.145.030, 2002)

The decision to approve, approve with modification or deny, shall be based on the following criteria:

A.

There is sufficient public facilities and services capacity to serve all net buildable lands inside the city at the maximum allowed density, plus sufficient additional capacity to adequately serve the proposed annexation area at its maximum allowed density. Service extension shall be required for all annexed habitable structures within three (3) years of annexation. This shall be a required condition of approval of annexation.

B.

The following three-tiered priority list shall establish the required order of priority for annexation, except as provided in subsection (E) of this section:

1.

Land which is immediately adjacent to the current city limits, and for which there is sewer and water service immediately available. Residential designated land which is immediately adjacent to the current city limits and for which there is sewer and water service immediately available must also comply with the sixty (60) percent of net buildable land and eighty (80) percent of maximum density requirements described in subsection (B)(3) of this section;

2.

Commercial and industrial designated land which is located less than two hundred fifty (250) feet from the current city limits, and for which sewer and water service can be provided by minor line extensions. "Minor line extensions" shall be as defined by the city engineer;

3.

Residential designated land which is located less than two hundred fifty (250) feet from the current city limits and for which sewer and water service can be provided by minor line extensions when at least sixty (60) percent of the net buildable land for the applicable zoning district within the current city limits has actually been developed, or is committed to development; and that such development has occurred at an average of not less than the following minimums in the zone, which represents approximately eighty (80) percent of maximum density:

a.

R-1 3.5 units per acre*.

b.

R-2 5.2 units per acre*.

* For properties included in the historic residential overlay, this requirement shall be satisfied if developed or committed to development at a density of 2.6 units per acre. Committed to development means there is a valid approved land development permit, for which approval has not expired under the two-year limit;

C.

The application complies with the comprehensive plan and all other applicable city policies and ordinances;

D.

The application complies with the applicable sections of ORS 222;

E.

On a case-by-case basis and without setting precedents for other annexation actions, the City Council may approve a proposed annexation that meets the criterion in subsections A, C, and D of this section, but does not meet the criterion in subsection B of this section, based on findings that all of the following criteria are satisfied:

1.

A significant public need exists, within the city limits at the time of the proposed annexation, in at least one of the following:

a.

Efficient provision of municipal utility services;

b.

Effective multi-modal transportation access and circulation patterns; or

c.

Logical and economic provision of governmental services limited to police, fire, public works, schools, or parks and recreation facilities; and

2.

Approving the proposed annexation shall address and satisfy the above identified public need;

3.

Under this exception, the identified public need is not required to be the exclusive purpose of the proposed annexation.

(Ord. 493, § 2(Exh. A), 2021; Ord. 419 § 6, 2002: Ord. 415 § 7.145.040, 2002)

A.

All applications shall be made on forms provided by the city and shall be accompanied by:

1.

A map to a engineering scale of the area to be annexed which includes the surrounding area;

2.

A map of the area to be annexed including adjacent city territory as shown on the Marion County assessor map;

3.

A conceptual development plan which includes:

a.

The type of intensities (density) of the proposed land use;

b.

Transportation corridors;

c.

Significant natural features; and

d.

Adjoining land uses;

4.

A narrative which explains how the annexation conforms to the approval standards;

5.

The applicable county assessor map;

6.

A metes and bounds description of the annexation area including a map;

7.

A narrative which discusses the availability, capacity and status of existing water, sewer, drainage, transportation, park, police and fire service, and school facilities and how the increased demand for such facilities to be generated by any proposed development within the annexation area may be satisfied.

B.

Three copies of maps, conceptual development plan and required drawings are required. One copy shall not exceed eleven (11) inches by seventeen (17) inches. Sheet size shall not exceed eighteen (18) inches by twenty-four (24) inches. The scale of the required drawings shall be an engineering scale.

C.

The required information may be combined on one map.

(Ord. 415 § 7.145.050, 2002)

The City Council may initiate an annexation on its own motion. In that event, the standards and procedures of this chapter, including zone change procedures, shall apply as if the annexation was initiated by a property owner, except that no filing fee shall be required.

(Ord. 415 § 7.145.060, 2002)

Upon annexation, the area annexed shall be automatically zoned to the corresponding land use zoning classification as shown in the table below. The zoning designation shown on the table below is the city's zoning district which most closely implements the city's comprehensive plan map designation.

(Ord. 415 § 7.145.070, 2002)

Property owners in the annexed area must bear the costs associated with extension of sewer and water lines and roads except for major facilities such as a sewer pump station or major water main needed to facilitate the functioning of the city wide system or to accommodate for substantial future growth. At the discretion of the City Council, the City may assess property owners in the annexed area for a portion of the costs associated with above major facilities. Service extension shall be required for all annexed habitable structures within three (3) years of annexation. This shall be a required condition of approval of annexation.

(Ord. 493, § 2(Exh. A), 2021; Ord. 415 § 7.145.080, 2002)