It is the purpose of this section to establish and define annexation terms, criteria, and procedures for when a request is made of the city to annex territory. It is further the purpose of this section to implement the Comprehensive Plan. This section does not apply to city initiated annexations pursuant to ORS Chapter 222.

For purposes of this section, the following definitions shall apply:

Annexation. The incorporation of county property into the corporate limits of the City of Newport.

Consent. A signed document by those agreeing to be annexed.

Contiguous. Touching and having a common boundary or point of intersection or separated only by a public right-of-way, stream, lake, bay, or other body of water.

Electorate. A person living in an area proposed for annexation and registered to vote in Lincoln County.

Owner. An individual, firm, association, syndicate, partnership, or corporation having legal title to land, or is under contract to purchase land, as indicated in the records of the Lincoln County Tax Assessor.

Requests for annexation shall be filed with the Planning Director on forms prescribed for that purpose. The application shall be accompanied by:

A.

The consents of more than half of the owners of land who also own more than half of the land and more than half of the assessed value; or

B.

The consents of more than half the owners and more than half the electorate in the territory to be annexed.

The sole criteria for annexations are:

A.

The required consents have been filed with the city; and

B.

The territory to be annexed is within the acknowledged urban growth boundary (UGB); and

C.

The territory to be annexed is contiguous to the existing city limits.

(Ordinance No. 1752, September 16, 1996)

Upon receipt of an application for annexation, the Planning Director shall determine within five days whether or not the application is complete. If the application is found to be incomplete, the Planning Director shall return the application to the applicant along with an explanation of why the application is incomplete. The applicant shall have 30 days to submit the necessary materials to complete the application. If the necessary materials are not submitted within the 30 days period, the application shall be considered withdrawn. If the application is found to be complete, it shall be accepted.

After acceptance, the application shall be placed on the agenda of the Planning Commission for a public hearing for their review and recommendation, including a recommendation for an appropriate zoning designation, to the City Council. After the Planning Commission review and recommendation, the proposal shall be forwarded to the City Council for a public hearing. Notice and other procedural requirements for both the Planning Commission and City Council hearings shall be as contained in Chapter 14.52 of this Ordinance and Chapter 222 of the Oregon Revised Statutes.

The City Council shall determine at the time of annexation during the public hearings the appropriate zoning designation for the property to be annexed. The zoning shall be incorporated into the ordinance annexing the property and shall become effective at the same time the annexation is effective. Such zoning designation shall be in conformity with the Comprehensive Plan.