Application and procedure for annexing lands into the city shall be as follows:
- Application: An application for annexation may be initiated by a property owner(s) or by the city. Prior to annexation of an unincorporated area, city council shall request and receive a recommendation from the planning and zoning commission on the proposed comprehensive plan and zoning ordinance changes for the unincorporated area. (IC § 67-6525) The city council shall approve an application form and fee schedule.
- The application shall indicate whether, according to Idaho Code section 50-222(3), the annexation is category A, category B, or category C, and must provide written evidence of compliance with applicable provisions of Idaho Code section 50-222, insofar as they can be complied with prior to the submission of an application.
- The application shall include reasons for annexation and proposed zoning classification(s).
- Zoning Procedure: The procedure for zoning the property proposed for annexation shall comply with Idaho law and this code.
- Annexation Agreement: The city and the landowner may enter into an annexation agreement that addresses conditions specific to the property to be annexed. Such an agreement becomes part of the application and is subject to public hearing and rules for administrative action.
- Planning And Zoning Commission:
- The planning and zoning commission shall conduct at least one public hearing in compliance with the notice and hearing requirements of Idaho Code sections 67-6509 and 67-6511.
- The planning and zoning commission shall conduct a public hearing on zoning the property proposed for annexation within sixty three (63) days of determining that the application is complete. The planning and zoning commission shall recommend the zoning for the property proposed for annexation within thirty five (35) days after its final public hearing, unless this time limit is extended by mutual agreement with property owners.
- Within fourteen (14) days after action, the planning and zoning commission shall report its recommendation to city council.
- City Council:
- City council may hold public hearings additional to those required by law. Within thirty five (35) days after its final public hearing or within thirty five (35) days after receiving the recommendation of the planning and zoning commission, whichever is later, city council shall approve or deny the application, unless this time limit is extended by mutual agreement with property owners.
- Annexation shall be concluded with the passage of an ordinance of annexation and with recording of the annexation by the county recorder.
- Concurrently with or immediately following the adoption of an ordinance of annexation, city council shall amend the comprehensive plan and the zoning ordinance, including maps of all lands annexed and designating zoning classifications for all lands annexed.
- Written consent to annex lands must be recorded in the county recorder's office to be binding upon subsequent purchasers, heirs, or assigns of lands addressed in the consent. (IC § 50-222(4))
HISTORY
Adopted by Ord. 290 on 10/14/2010