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Urban Design and Planning
Annexation Options
Property owners can initiate their own annexation process if the territory is contiguous to the existing city limits. Multiple parcels can be processed as a single application as long as the parcels are contiguous. There are two ways for a property owner to initiate an annexation.
Expedited annexation
An application can be made if submitted with petitions that have written consent of 100% of property owners and 50% of the registered voters within the affected area. No public hearing is required and City Council makes a decision on its consent or business agenda. A 20-day notice of the decision date is required.
- The request must have consent of 100% of property owners and more than 50% of electors, if any, within the annexation territory. If an affected government or urban services provider objects in writing, the expedited process cannot be used.
- A shorter minimum 20-day notice period to interested parties is allowed instead of the minimum 45-day notice required for non-expedited annexation.
- The report of the annexation has to be made available at least seven days prior to date of decision rather than 15 days that is required for non-expedited annexation.
- Council can only approve the proposal if it meets the approval criteria of Appendix 1 of the Development Code.
- Provisions of adopted plans, including zoning, will be applied to the territory upon an effective annexation.
Public hearing annexation
Application can be made if submitted with petitions that have written consent of property owners of more than 50% of the land in the area and 50% of registered voters within the affected area. A 45-day notice of the City Council hearing is required.
- Can be initiated by City Council or by owners of real property in the area.
- The request must include petitions from both owners of more than 50% of the land in the area and more than 50% of the registered electors in the area.
- Council will hold a public hearing. A minimum 45-day notice of the public hearing is required and an annexation report must be available at least 15 days prior to the hearing.
- Council can only approve the annexation proposal if it meets the approval criteria of Section A.1006 of the Development Code.
- Provisions of adopted plans, including zoning, will be applied to the territory upon an effective annexation.
Procedures
- Pre-application conference: An applicant for an annexation must hold a pre-application conference with City staff as required under Section 11.0700 of the Development Code.
- Annexation application and fees: Submittal requirements are listed in Section A.1005 of the Development Code. Fees are listed in the City's fee schedule.
- Completeness review: Staff will review the application for completeness with a determination issued within 30 days.
- Noticing: A notice of the City Council decision date will be mailed by the City to property owners within 300 feet of the proposed annexation. The property will be posted by the applicant, and a notice put in The Gresham Outlook by the City.
- Staff report and recommendation: City staff will issue a report and recommended decision at least 15 days prior to the City Council public hearing or at least seven days prior to the City Council decision date.
- City Council decision: Council will approve or deny the application following a public hearing or by decision in an expedited annexation. The effective date of the annexation is the date of filing with the Secretary of State. This process typically takes two to three weeks following the effective date of the Council decision.
Other annexations
City Council can initiate an annexation; hold a public hearing with appropriate notice and then annex an area if a majority of the electors in the territory to be annexed vote in an election for annexation.
Council can only approve the annexation proposal if it meets the approval criteria of Section A.1006 of the Development Code.
These are two types of annexation that do not require consent by property owners and electors.
Island annexation
The City may annex territory that is surrounded by the corporate boundary of the city. Island annexation might be a needed tool in the new urban areas to prevent disruption of public services. Island annexation must meet the approval criteria of Section A.1006 of the Development Code.
Health hazard abatement
The City may annex a territory if the Department of Health Services declares that the affected territory is a danger to public health. Dangers to public health could include impure or inadequate water systems that expose the public to “communicable or contagious disease-producing organisms” that present a “clear possibility that the public is being exposed to physical suffering or illness.”