Milwaukie City Zoning Code
CHAPTER 19
1100 ANNEXATIONS AND BOUNDARY CHANGES
§ 19.1101 Purpose
The purpose of this chapter is to carry out the provisions of ORS 268.354 and Metro Code Chapter 3.09. This chapter provides standards and procedures for all boundary change proposals, including annexation proposals. For the purpose of this chapter, the term "boundary change" includes the formation, merger, consolidation, or dissolution of a city or district; annexation or withdrawal of territory to or from a city or district or from a city-county to a city; or an extraterritorial extension of water or sewer service by a City or district.
(Ord. 2025 § 2, 2011)
§ 19.1102 Annexations
(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012; Ord. 2229 § 2, 2023)
§ 19.1102.1 Administration and Approval Process.
A.
Annexation petitions shall include a request for Comprehensive Plan and zoning designations, and shall be reviewed by the Planning Commission and the City Council in accordance with Section 19.1007 Type IV Review. The Council decision on the proposal shall be considered the "final decision," for purposes of compliance with Metro Code Chapter 3.09.
B.
Notice of the Planning Commission and Council hearings to consider annexation proposals shall follow the procedures of Section 19.1007 Type IV Review as well as the uniform notice requirements provided in Metro Code Section 3.09.030.
C.
A staff report shall be issued at least 15 days prior to the hearing, pursuant to the requirements of Metro Code Subsection 3.09.050(b).
D.
The final decision shall be made by the Council, by ordinance, after a public hearing. The decision shall be reduced to writing and shall include findings, conclusions, and conditions, if necessary; based on compliance with Subsection 19.1102.3, other implementing ordinances, and the uniform hearing and decision requirements of Metro Code Section 3.09.050.
§ 19.1102.2 The Petition.
A.
A petition to annex to the City will only be accepted for sites located within the City urban growth boundary. A petition to annex may be initiated by a property owner(s) of the area to be annexed or the City, as listed below:
1.
By Consent of All Owners of Land, ORS 222.125. When all the owners of land in the territory to be annexed and not less than 50% of the electors, if any, residing in the territory to be annexed consent in writing to the annexation of their land in the territory and file a statement of their consent with the City.
2.
By Triple Majority Consent Petition, ORS 222.170(1). ORS 222.170(1) allows annexation when a majority of the landowners in the territory to be annexed consent in writing with the City. The land owned by the consenting landowners must total over half the area of the land in the territory to be annexed and must have an assessed value totaling more than half of the assessed value of the land in the territory to be annexed.
3.
By Double Majority Consent Petition, ORS 222.170(2). When a majority of the electors registered in the territory proposed to be annexed consent in writing to the annexation, and the owners of more than half of the land in that territory consent in writing to the annexation of their land in the territory and file a statement of their consent with the City.
4.
By the City Council on its own motion, pursuant to ORS 222.111(2) or the "island" annexation statute, ORS 222.750.
B.
A prerequisite to the filing of an annexation petition is a preapplication conference, at which time the Planning Director shall explain the requirements and provide the appropriate forms.
C.
An annexation petition shall include the completed petition form and the following information.
1.
The minimum petition requirements of Metro Code Section 3.09.040;
2.
A narrative that addresses the approval criteria set forth in Subsection 19.1102.3 and Metro Code Subsections 3.09.050(d) and, if applicable, (e);
3.
Vicinity, legal, and other descriptive maps necessary to show compliance with SubSection 19.1102.3 and Metro Code Section 3.09.040. This shall include 2 County Assessor's quarter section maps on which the territory to be annexed has been outlined in red;
4.
Metes and bounds legal description for the area to be annexed, including road right-of-Way where appropriate. Lot and block legal description may be used if the territory includes only platted area and does not include any street rights-of-way;
5.
Census forms or demographic information about the area to be annexed.
D.
The applicant shall pay the requisite fee. The fee for an annexation shall be established by resolution of the Council.
§ 19.1102.3 Approval Criteria.
The City Council shall approve or deny an annexation proposal based on findings and conclusions addressing the following criteria:
A.
The subject site must be located within the City urban growth boundary;
B.
The subject site must be contiguous to the existing City limits;
C.
The requirements of the ORS for initiation of the annexation process must be met;
D.
The proposal must be consistent with Milwaukie Comprehensive Plan policies;
E.
The proposal must comply with the criteria of Metro Code Subsections 3.09.050(d) and, if applicable, (e);
§ 19.1103 Other Boundary Changes
(Ord. 2025 § 2, 2011)
§ 19.1103.1 Administration and Approval Process.
A.
A petition for any type of boundary change, other than annexation, shall be processed as provided by State law and Metro Code Chapter 3.09.
B.
Boundary change proposals shall be considered only by the City Council. The Council decision on the proposal shall be considered the "final decision" for purposes of compliance with Metro Code Chapter 3.09.
C.
Notice of the Council hearing to consider boundary change proposals shall follow the uniform notice requirements provided in Metro Code Section 3.09.030.
D.
A staff report shall be issued at least 15 days prior to the hearing, pursuant to the requirements of Metro Code Subsection 3.09.050(b).
E.
The final decision shall be made by the Council after a public hearing. The decision shall be reduced to writing and shall follow the uniform hearing requirements of Metro Code Section 3.09.050.
§ 19.1103.2 The Petition.
A.
A prerequisite to the filing of a boundary change petition is a preapplication conference, at which time the Planning Director shall explain the requirements and provide the appropriate forms.
B.
A boundary change petition shall include the completed petition form and 13 copies of each of the following, except for each drawing submitted there shall be 12 at the original scale and 1 copy reduced to an 8½-by 11-in paper size.
1.
The minimum petition requirements of Metro Code Section 3.09.040;
3.
Vicinity, legal, and other descriptive maps necessary to show compliance with Metro Code Section 3.09.040. This shall include 2 County Assessor's quarter section maps on which the territory to be annexed has been outlined in red;
4.
Metes and bounds legal description for the area located within the proposed boundary change, including road right-of-way where appropriate. Lot and block legal description may be used if the territory includes only platted area and does not include any street rights-of-way.
C.
The applicant shall pay the requisite fee. The fee for a boundary change shall be established by resolution of the Council.
§ 19.1103.3 Approval Criteria.
The City Council shall approve or deny a boundary change proposal, other than Annexations, based on findings and conclusions addressing the following criteria:
A.
The proposal complies with the criteria of Metro Code Subsection 3.09.050(d) and, if applicable, (e).
§ 19.1104 Expedited Process
(Ord. 2025 § 2, 2011; Ord. 2036 § 3, 2011; Ord. 2110 § 2 (Exh. G), 2015; Ord. 2140 § 2, 2017; Ord. 2218, 2022; Ord. 2224 § 2, 2022; Ord. 2229 § 2, 2023; Ord. 2245, 8/6/2024)
§ 19.1104.1 Administration and Approval Process.
A.
A petition for any type of minor boundary change may be processed through an expedited process as provided by Metro Code Chapter 3.09.
1.
Initiation of an expedited boundary change petition must follow the requirements of Metro Code Subsection 3.09.045(a).
2.
A prerequisite to the filing of an expedited boundary change petition is a preapplication conference, at which time the Planning Director shall explain the requirements and provide the appropriate forms. The preapplication conference requirement may be waived by the Planning Director pursuant to Subsection 19.1002.2.B.1 or may be met by requesting a preapplication meeting.
3.
An expedited boundary change petition shall include the materials required by SubSection 19.1102.2.C for annexations and Subsection 19.1103.2.B for other boundary changes.
4.
The applicant shall pay the requisite fee. The fee for an expedited boundary change shall be established by resolution of the Council.
B.
Notwithstanding Subsection 19.107.6, an expedited boundary change proposal shall be considered by the City Council without a public hearing. The Council decision on the proposal shall be considered the "final decision" for purposes of compliance with Metro Code Chapter 3.09. If the petition is for annexation, the decision shall be by ordinance.
C.
Notice of petition for an expedited process must be provided to interested persons a minimum of 20 days prior to the final decision and shall follow the expedited notice requirements provided in Metro Code Subsection 3.09.045(b) and ORS 198 and 222. For purposes of this Subsection, "interested persons" include the Planning Commission, those residing or owning property within 400 ft of the territory to be annexed, necessary parties as defined in Metro Code Subsection 3.09.02(j), and any persons who have requested notice.
D.
A brief report shall be issued at least 7 days prior to the date of decision, pursuant to the requirements of Metro Code Subsection 3.09.045(c).
E.
The City zoning and Comprehensive Plan designation for an expedited annexation request shall be automatically applied based on the existing Clackamas County zoning designation in accordance with Table 19.1104.1.E, provided below:
Table 19.1104.1.E Zoning and Land Use Designations for Boundary Changes | ||
|---|---|---|
County Zoning Designation | Assigned City Zoning Designation | Assigned Comprehensive Plan Land Use Designation |
R-20 | R-MD | Moderate density residential |
R-15 | R-MD | Moderate density residential |
R-10 | R-MD | Moderate density residential |
R8.5 | R-MD | Moderate density residential |
R-7 | R-MD | Moderate density residential |
MR1 | R-HD | High density residential |
MR2 | R-HD | High density residential |
PMD | R-HD | High density residential |
HDR | R-HD | High density residential |
SHD | R-HD | High density residential |
C3 | C-G | Commercial |
OC | NMU | Commercial |
RTL | NMU | Commercial |
PC | C-CS | Commercial |
LI | BI | Industrial |
GI | M | Industrial |
BP | BI | Industrial |
OSM | R-MD/CSU | Public |
F.
For an expedited annexation request, the City's special area designations shall be applied consistently with the applicable sections of Title 19 Zoning.
Natural resource designations shall be applied consistently with the provisions established in Subsection 19.402.15 for administering the NR Administrative Map.
G.
An expedited process cannot be used if a necessary party gives written notice to contest the decision, pursuant to Metro Code Subsection 3.09.045(b) or, in the case of an annexation petition, if the requested zoning designation does not comply with the automatic Comprehensive Plan designation listed above in Table 19.1104.1.E.
§ 19.1105 Appeals
The City Council decision on an annexation or other boundary change may be appealed by a necessary party to the Metro Boundary Appeals Commission, pursuant to the provisions of Metro Code Section 3.09.070. An appeal by any other person will be processed according to State law.
(Ord. 2025 § 2, 2011)