Jefferson City Zoning Code
CHAPTER 12
76 ANNEXATION, ZONING AMENDMENT AND VACATION PROCEDURES
§ 12.76.005 Purpose and intent.
The purpose and intent of this chapter is to:
A.
Allow for the orderly expansion of City boundaries;
B.
Ensure the logical extension of public services and infrastructure;
C.
Include informed public participation in annexation decisions;
D.
Ensure that annexations are carried out in compliance with Oregon State law, the charter of the City of Jefferson, the Jefferson Comprehensive Plan and all other legally binding requirements.
(Ord. 619 § 1, 2000)
§ 12.76.010 Annexation procedures with election.
Except as provided in Chapter I, Section 3, of the City Charter and in Sections 12.76.012 and 12.76.015, all proposals to annex territory shall be considered under the following procedures and in compliance with Chapter 222 of the Oregon Revised Statutes (ORS) as enacted at the time of annexation:
A.
An annexation may be initiated by the City Council, the Planning Commission or by application from one or more owners or residents of the territory proposed for annexation. An application to annex territory must be submitted to the City on a form prescribed by the City and must include payment of a fee set by resolution. If the development official determines that all of the required information has been submitted and that the territory is eligible for annexation, the proposal shall be reviewed using the procedures described below.
B.
The proposal must receive the approval of the areas being annexed by any of the following methods:
1.
Approval by a majority of the votes cast in an election by the registered voters of the area to be annexed.
2.
Consent petition of at least half of the land owners, representing more than half of the land area involved, and representing more than half of the total assessed value of all real property in the subject area. See also ORS 222.120(7), ORS 222.170(1), ORS 222.170(4), and ORS 222.173.
3.
A previously signed delayed annexation agreement that binds all existing and future property owners to approve annexation. A delayed annexation agreement may be entered into for any area within the urban growth boundary, either contiguous or not contiguous to the City, with City Council approval. However, annexation of the area does not actually occur until all criteria for annexation are met and the annexation process is completed.
C.
The proposal must receive the approval of the City of Jefferson through a Type C Hearing as provided in Section 12.72.050 subject to the following modifications:
1.
As required by ORS 222.120(3), notice of each hearing shall be published once each week for two successive weeks prior to the day of hearing in a newspaper of general circulation in the City, and shall be posted in four public places in the City for a like period. This is in addition to the notice mailed to property owners.
2.
As required by the "Urban Growth Boundary and Policy Agreement" with Marion County, notice of the proposed annexation shall be sent to Marion County at least 20 days prior to the Planning Commission hearing.
3.
Disposition of the application by the City Council shall initially be by resolution, rather than by ordinance.
D.
The proposal must receive the approval of the voters of the City of Jefferson as required by Section 3 of the Charter of the City of Jefferson. Upon approval of a resolution by the City Council, the annexation shall be placed before the voters of the City in the manner prescribed by the resolution, but no later than the next available primary or general election.
E.
When the requirements of Sections B, C, and D above have been met, the City Council shall proclaim the annexation in accordance with State law. The City shall report all annexations to the County Clerk, County Assessor, and the Secretary of State as required by State law.
(DC § 3.010; Ord. 619 § 2, 2000; Ord. 715 § 2, 2019)
§ 12.76.012 Annexation procedures without election.
A.
As provided in Chapter I, Section 3, of the City Charter and pursuant to ORS 222.127, upon receipt of a petition proposing annexation of territory submitted by all owners of land in the territory, the City Council shall annex the territory without submitting the proposal to the electors of the City if:
1.
The territory is included within the City's urban growth boundary as defined in ORS 197.015;
2.
The territory is, or upon annexation of the territory into the City will be, subject to the City's acknowledged comprehensive plan;
3.
At least one lot or parcel within the territory is contiguous to the city limits or is separated from the City limits only by a public right-of-way or a body of water; and
4.
The proposal conforms to Section 12.76.020(A) and (B), Annexation criteria.
B.
The territory to be annexed under this section includes any additional territory described in ORS 222.111(1) that must be annexed in order to locate infrastructure and right-of-way access for services necessary for development of the territory described in subsection A of this section at a density equal to the average residential density within the City.
C.
When the City Council determines that the criteria described in subsection A of this section apply to territory proposed for annexation, the legislative body may declare that the territory described in subsections A and B of this Section is annexed to the City by an ordinance that contains a description of the territory annexed.
(Ord. 715 § 3, 2019)
§ 12.76.015 State mandated annexations.
A.
The City may annex those areas constituting a State-declared health hazard in accordance with ORS 222.840 through 222.915 or other areas mandated by State law.
(Ord. 619 § 3, 2000)
§ 12.76.020 Annexation criteria.
B.
Approval Criteria. The City shall only approve proposed annexations meeting the following criteria:
1.
The land uses proposed in the territory to be annexed conform to the uses authorized in the Comprehensive Plan. If substantial changes in conditions have occurred which render the Comprehensive Plan inapplicable to the annexation, then the Comprehensive Plan must be amended before the annexation can be approved.
2.
The annexation does not result in an island or enclave of unincorporated territory surrounded on all sides by the City.
3.
An adequate level of urban services and infrastructure is available, or will be made available without serious negative impact to existing portions of the City, as further specified below.
a.
"Adequate level" is defined in the relevant adopted plans and ordinances.
b.
"Urban services" include police, fire protection, library, education, parks and recreation and other government provided services.
c.
"Infrastructure" includes streets, sidewalks, water, sanitary sewer, stormwater drainage and other utilities.
d.
"Available" includes availability of sufficient capacity at central facilities and plants, and availability at or to the areas proposed for annexation.
e.
"Will be made available" means that the service or infrastructure will be available within a reasonable amount of time for existing developments and will be available prior to any additional development within the areas proposed for annexation.
f.
If improvements to infrastructure are secured by a development agreement or other funding mechanism that will place the primary economic burden on the territory proposed for annexation, then infrastructure deficiencies will not be considered to be a "serious negative impact to existing portions of the City."
4.
Sufficient planning and engineering data is available, and all necessary studies and reviews have been completed such that there are no unresolved issues. If there are significant unresolved issues or ongoing studies that could impact any of the annexation criteria, the annexation shall be delayed until the issue is resolved or the study is completed.
5.
The overall impact of the annexation will be positive on the physical, economic, political, financial and social environment of the City.
6.
The Planning Commission and City Council may consider, at their discretion, any other factors that affect the timeliness or wisdom of a proposed annexation.
(DC § 3.020; Ord. 619 § 4, 2000)
§ 12.76.030 Zoning of annexed property.
A proposal for annexation, including annexations processed in accordance with Section 12.76.012, shall include a City zoning designation request which shall be considered at the time of annexation under a Type C procedure. The criteria for considering an annexation zoning proposal shall be the same as the criteria for consideration of a zone change as outlined in Section 12.100.050. The zoning designation of annexed territory shall be specified in the annexation ordinance and shall become effective upon acceptance of the annexation by the Secretary of State.
(Ord. 715 § 4, 2019)
§ 12.76.040 [Repealed].
(DC § 3.040; Ord. 672 § 23, 2011)
§ 12.76.050 [Repealed].
(DC § 3.050; Ord. 672 § 24, 2011)
§ 12.76.060 Vacation procedures.
A proposal to vacate an easement, right-of-way, or plat may be initiated by the City Council, or by petition of adjoining area owners in accordance with ORS 271.080. Type C procedures as outlined in Section 12.72.050 shall be used as supplemented by the provisions of ORS Chapter 271.
Petitions for vacations shall be submitted on a form prescribed by the City and shall be accompanied by the required application fee.
(DC § 3.080)
§ 12.76.070 Vacation criteria.
The City Council shall give consideration to the following criteria in reaching a decision on a vacation request:
A.
Conformance to applicable Comprehensive Plan policies and maps;
B.
Potential conflict with any minor or major street plan;
C.
Effect on access, traffic circulation, and emergency service protection;
D.
Need for access to existing properties or potential lots which would otherwise be without access to a public way.
(DC § 3.090)