(a)   A petitioned annexation is a request from a property owner to annex into the city of Sioux Falls a legally described property, and requires the submission of an associated subdivision concept plan as described by § 157.035(c) which may be exempted by the city engineer.

   (b)   Upon submitted application to annex land into the municipal boundaries, city planning and development services and the city public works staff shall review and address all items within § 153.002.

   (c)   The planning and development services department shall follow the policies within the urbanized, planned, and future urbanized areas adopted in the comprehensive plan.

(1992 Code, § 9-1) (Ord. 113-05, passed 11-7-2005; Ord. 89-22, passed 8-9-2022)

   (a)   The city council shall then adopt a resolution to extend its boundaries.

   (b)   The resolution shall address the following:

      (1)   The description and boundaries of the contiguous territory to be annexed; and

      (2)   A completed analysis considering the availability of municipal utilities and access to a major street network for the proposed annexation area and land uses; and that there is an agreed upon timetable which municipal service will be extended into the contiguous territory.

(1992 Code, § 9-1.1) (Ord. 113-05, passed 11-7-2005; Ord. 89-22, passed 8-9-2022)

   (a)   Except as provided by SDCL 9-4-1, before a municipality may extend its boundaries to include contiguous territory, the governing body shall conduct a study to determine the need for the contiguous territory and to identify the resources necessary to extend the municipal boundaries.

   (b)   The planning and development services department shall follow SDCL 9-4-4.1 through 9-4-4.10 in annexing contiguous territory without a petition. Any annexation without petition shall be within the urbanized, planned urbanized, and future urbanized areas as detailed within the city's officially adopted comprehensive plan. The City of Sioux Falls may initiate an annexation study for an annexation without petition when the unannexed property is 100% surrounded by city limits, adjacent land is fully developed, and one or more of the following criteria are met:

      (1)   The unannexed property is currently adjacent to an improved city street and connected to city water or sewer services; or

      (2)   The unannexed property will be impacted by a capital improvement project such as a street improvement or utility extensions; or

      (3)   The unannexed property has a public health or safety issue that can be corrected with city utility connections or street improvements; or

      (4)   There is no reasonable means for the city to physically access a property that is adjacent to an unannexed property other than through the unannexed property or ROW.

(1992 Code, § 9-2) (Ord. 113-05, passed 11-7-2005; Ord. 29-22, passed 3-1-2022)

   Upon receipt of a request from property owner(s) to annex property into city limits, the petitioner, the public works department, and city attorney’s office have the authority through SDCL 9-4-1.1 to enter into an agreement specifying the conditions under which the landowner’s property may be annexed into the municipal boundaries.

(Ord. 89-22, passed 8-9-2022)

   Upon receipt of a request from property owner(s) to complete a pre-annex agreement, the petitioner, city planning office and the public works department shall complete an analysis regarding utility schedules and associated costs for including the non-contiguous territory into the municipal boundaries at a time as the property becomes contiguous.

(1992 Code, § 9-3) (Ord. 113-05, passed 11-7-2005; Ord. 89-22, passed 8-9-2022)

   (a)   The city council shall then adopt a resolution for future extension of its boundaries.

   (b)   The resolution shall address the following:

      (1)   The petitioners’ analysis;

      (2)   An agreement that the property owner(s) waive legal rights opposing future annexation;

      (3)   The description and boundaries of the non-contiguous territory to be annexed in the future;

      (4)   The proposed land uses and densities associated with the parcel to be annexed in the future; and

      (5)   That municipal utilities and access to a major street network are considered in terms of the proposed boundary and land uses; and that there is an agreed upon timetable which municipal service will be extended into the territory.

(1992 Code, § 9-3.1) (Ord. 113-05, passed 11-7-2005; Ord. 89-22, passed 8-9-2022)

   To defray the costs of processing, investigating, conducting public hearings, filing and recording of annexation petitions, a fee shall be required as established by the city council and shall be paid by any person filing a petition for annexation of territory of the city. The director of planning and building services may waive all or a portion of the filing fee. The applicant shall pay to the city the appropriate fee as designated in §§ 160.745 through 160.760 of this Code.

(1992 Code, § 9-4) (Ord. 113-05, passed 11-7-2005; Ord. 89-22, passed 8-9-2022)

   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

(Ord. 29-22, passed 3-1-2022; Ord. 89-22, passed 8-9-2022)