The process of annexation of land to the city allows for orderly expansion of the city and for the adequate provision of public facilities and services. City Charter requires that, unless mandated by state law, annexation may only be approved by a majority of those voting.

(Prior code § 10.811)

The following conditions must be met prior to or concurrent with city processing of any annexation request:

1. The subject site must be located within the Estacada urban growth boundary.
2. The subject site must be contiguous to the existing city limits.

(Prior code § 10.812)

The following criteria shall apply to all annexation requests:

1. The proposed use for the site complies with the Estacada comprehensive plan and with the designation on the Estacada comprehensive plan map. If a redesignation of the plan map is requested concurrent with annexation, the uses allowed under the proposed designation must comply with the Estacada comprehensive plan.
2. Adequate capacity of urban services must exist or be made available within three years of annexation approval. An "adequate capacity of urban services" means:
   1. Municipal sanitary sewer and water service meeting the requirements enumerated in the city's water and sewer master plans for provision of these services;
   2. Roads with an adequate design capacity for the proposed use and projected future uses. Where construction of the road is not deemed necessary within the three-year time period, the city shall note requirements including but not limited to dedication of right-of-way, waiver of remonstrance against assessment for road improvement costs, or participation in other traffic improvement costs, for application at the appropriate level of the planning process. The city shall also consider public costs for improvement and the ability of the city to provide for those costs.
3. Findings documenting the availability of police, fire, parks, and school facilities and services shall be made to allow for conclusionary findings either for or against the proposed annexation. The adequacy of these services shall be considered in relation to annexation proposals.
4. The applicant has the burden for satisfying the requirements of this section and the information required for the application process set forth in EMC 16.124.040.

(Prior code § 10.813)

Application for annexation shall be made on forms provided by the planning department and shall include the following material:

1. Written consent by the owner or owners of over one-half of the area to be annexed;
2. A legal description together with an illustration, certified by a registered engineer or surveyor, depicting the boundaries of the legal description, both meeting the requirements set forth in ORS 308.225 for taxing district boundary changes;
3. A vicinity map which includes a complete map of the area to be annexed and which identifies adjacent city territory;
4. A general land use plan indicating types and intensities of proposed development, transportation corridors, watercourses, significant natural features, open space, and adjoining development;
5. A statement of the available capacity of existing water, sewer, drainage, transportation, park facilities, and school facilities as measured by the maximum density levels allowed by the proposed zoning;
6. A statement of projected increased demand for such facilities to be generated by the proposed development and the basis for that projection;
7. A statement of additional facilities required to meet the increased demand and a schedule for the phasing of such facilities in accordance with projected demand;
8. A statement outlining the method and source of financing to provide additional public facilities required by Subsections F and G of this section;
9. Payment of annexation fees, as set by city council resolution, consisting of an application fee and a deposit to pay for any and all costs associated with the application review and election;
10. A schedule for abatement of a nonconforming use as provided by EMC 16.124.130.

(Ord. 2004-2 § 2; prior code § 10.814)

The city planner shall review the application to determine whether it satisfactorily contains the material listed in EMC 16.124.040. Rejected applications will be returned for resubmission. Annexations shall be reviewed to assure consistency with the purposes of this chapter, with the policies and standards of the City Charter, code and comprehensive plans and any requirements of state law. The recommendation of the city planner shall contain, at a minimum, a finding that the city is capable of providing services to the subject property(ies) commensurate with the needs of existing and proposed development at maximum allowable densities.

(Prior code § 10.815)

Annexation requests approved by the city council shall be referred to the voters in accordance with the requirements of this chapter and ORS 222, unless, pursuant to ORS 222, all owners of the territory to be annexed, including of any territory that must be annexed in order to locate infrastructure and right-of-way for services necessary for development of the territory, agree to the annexation in a signed petition. When an election is required, the following rules shall apply:.

1. Annexation elections are scheduled for May and November. All annexations must be filed with the city before five p.m. on the last working day in September for a ballot election in May and the last working day in March for a ballot election in November. The acceptance by the city of an annexation application does not obligate the city to place the annexation question before the voters at any particular election.
2. Notice of the annexation election shall be published in a newspaper of general circulation in the city not more than thirty (30) days nor less than twenty (20) days prior to the date of the election. Such notice shall include a map and general location of the property to be annexed.
3. Pursuant to ORS 222.130(1), the statement of chief purpose in the ballot title for a proposal for annexation shall contain a general description of the boundaries of each territory proposed to be annexed. The description shall use streets and other generally recognized features. Notwithstanding ORS 250.035, the statement of chief purpose shall not exceed one hundred fifty (150) words.
4. Pursuant to ORS 222.130(2), the notice of an annexation election shall be given as provided in ORS 254.095 and 254.205, except that in addition the notice shall contain a map indicating the boundaries of each territory proposed to be annexed.
5. Pursuant to ORS 222.111(7), two or more proposals for annexation of territory may be voted upon simultaneously; however, each proposal shall be stated separately on the ballot and voted on separately.
6. The city shall post at the property under consideration to be annexed at least one sign not greater than six square feet in size. The sign shall provide notice of the annexation election, a map of the subject property, and unbiased information regarding the annexation.
7. Written notice of a requested annexation shall be mailed in accordance with State Measure 56.

(Prior code § 10.816; Ord. No. 2018-001, § 1, 6-11-2018)

After an application for annexation has been accepted by the city and a report is submitted by the city planner:

1. The planning commission shall hold at least one open meeting on the annexation request. Within forty-five (45) days following the planning commission open meeting, unless a continuance is announced, the commission shall make specific findings of fact. Based on the findings, the commission shall make a recommendation that the application be approved or denied. The commission's recommendation shall include findings which specify how the proposal has or has not complied with the review criteria.
2. Upon receipt of the planning commission's recommendation the matter shall be set for a public hearing before the city council in accordance with EMC 16.132. Unless an application includes a petition signed by all owners of land in the territory to be annexed agreeing to the proposed annexation, the council shall review all proposals prior to the city application deadline for submitting measures to the voters in May or November. The council shall only set for an election annexation applications which adequately address the review criteria, and shall make findings in support of its decision to schedule an annexation for an election.
   1. The city council may adopt the planning commission findings for approval or denial of the annexation, supplement the record as appropriate in the circumstances, or reject the findings of the planning commission and adopt new findings.
   2. A decision by the city council on an annexation application shall be specifically stated in the record and noted as a legislative act.

(Prior code § 10.817; Ord. No. 2018-001, § 1, 6-11-2018)

Unless the annexation proposal is rejected by city electors in any election required by this chapter, the city council shall by ordinance declare the annexation after determining that all requirements of the Oregon Revised Statutes all applicable fees have been paid, and the annexation request has been approved by a majority of those voting. If the annexation is approved, the city council, by ordinance, shall set the final boundaries of the area to be annexed by a legal description and proclaim the annexation (ORS 170(3)).

(Prior code § 10.818; Ord. No. 2018-001, § 1, 6-11-2018)

The city shall annex those areas constituting a health hazard in accordance with Oregon Revised Statutes, taking into consideration the ability of the city to provide necessary services. Annexation of areas constituting a health hazard are not subject to voter approval.

(Prior code § 10.819)

1. It is the public policy of the city to prevent the creation of islands of unincorporated territory within the corporate limits of the city. If such an island is created, the city council may set a time for a public hearing for the purpose of determining if the annexation should be submitted to the voters. The hearing shall be conducted in accordance with the policies and procedures contained in this title.
2. Written notice to island property owners will be made prior to annexation to allow for property owner responses. Failure to receive notice shall not in any way invalidate the annexation procedure that may be subsequently undertaken by the city.
3. Annexation of an island shall be set by ordinance, subject to approval by a majority of city electors at an annexation election.

(Prior code § 10.820)

The comprehensive plan map designation of the affected property at the time application is made for annexation shall be considered to determine whether or not the proposed request complies with the Estacada comprehensive plan. A request for zone change may be requested concurrent with annexation application. The proposed redesignation shall then be used to determine compliance with the Estacada comprehensive plan.

Upon annexation, the area annexed shall be automatically zoned to the corresponding land use zoning classification indicated by the Estacada comprehensive plan map.

An application for a zone change must be submitted concurrently with the annexation application. In the event that the annexation request is denied, the zone change request shall automatically be deemed denied.

(Prior code § 10.821)

Annexation requests shall be coordinated with affected public and private agencies, including but not limited to, Clackamas County, Estacada School District, Estacada fire department, local utilities, the Oregon Department of Transportation, and Portland General Electric. Coordination shall be accomplished by providing copies of the annexation request to affected agencies sufficiently in advance of final city action to allow for reviews and recommendations to be incorporated into the record of public hearings held on the annexation application.

(Prior code § 10.822)

1. When property proposed to be annexed into the city contains a land use not permitted in the zone as an outright permitted use or conditional use, the city council may add conditions to the annexation approval in order to modify the nonconforming use or to ensure the removal of the nonconforming use within a reasonable time period. The city council may also impose conditions of approval on any conditional use proposed in the annexed area.
2. This section shall not apply to a nonconforming use consisting of the continued use of a property as a single-family dwelling which, by virtue of annexation, is no longer an outright permitted or conditional use in the zone. Use of an annexed property as a single-family dwelling may continue as a nonconforming use until:
   1. The property is no longer used as a single-family residence;
   2. Application is made for development of the property other than as a single-family dwelling;
   3. The property is conveyed or all occupants over the age of eighteen (18) of the property at the time of annexation dies or no longer reside(s) on the property.

(Ord. 2003-11 § 1: prior code § 10.823; Ord. No. 2018-001, § 1, 6-11-2018)