This chapter may be cited for all purposes as the City of Yamhill Annexation Policy, 1979.
(Ord. 331 §1, 1979; Ord. 443 §1, 1998)
The City recognizes the need to establish standards and procedures for the future orderly annexation of lands into the City. Therefore, all future annexations to the City shall occur consistent with the provisions of this chapter.
(Ord. 331 §2, 1979; Ord. 443 §1, 1998)
For the purpose of this title, words used in the present tense include the future, the singular number includes the plural, the word "shall" is mandatory and directory, the word "building" includes a structure.
means the incorporation of a land area into the city with a resulting change in the boundaries of the City.
means the Comprehensive Plan of the City of Yamhill, Oregon, including all adopted supporting documents.
means the City Council of Yamhill, Oregon.
means the Planning Commission of the City of Yamhill.
means the Yamhill City Administrator or an official designated by the Yamhill City Administrator with authority to administer the provisions of this title.
means an adopted boundary around the City that defines the area in which the city expects to grow, where public facilities will be extended, and where joint planning responsibilities are exercised with Yamhill County.
(Ord. 545, 7/9/2025)
(A)
Annexation to the City may be permitted only if:
(1)
The site abuts the City limits of Yamhill;
(2)
The site is within the urban growth boundary;
(3)
The site is with the immediate urban area;
(4)
The proposed designation for the site complies with the City of Yamhill Comprehensive Plan;
(5)
The capacity exists to provide the site with urban services that will not unduly tax the public facility and services resources of the City;
(6)
The site contains land which is physically suitable for urban use; and
(7)
The proposed annexation will have a positive fiscal impact on the City.
(Ord. 331 §2, 1979; Ord. 443 §1, 1998; Ord. 545, 7/9/2025)
The boundary of the City may be extended by the annexation of territory not then within the City and which territory is contiguous to the City or separated from it by a stream only, and within the Urban Growth Boundary.
(Ord. 331 §2, 1979; Ord. 443 §1, 1998; Ord. 545, 7/9/2025)
(A)
Following submission of an annexation proposal or initiation, the Planning Official shall set a date for hearing with the Planning Commission. Notice shall be pursuant to the proposed method of annexation.
(B)
The Planning Commission shall hear testimony and shall recommend approval or denial of the proposed annexation and submit such recommendation to the City Council within 10 days of the hearing. The Planning Commission's decision shall, in a written form, state the rationale used in justifying the decision, and that the decision is in conformance with the City's Comprehensive Plan. For all annexations the decision shall state how the proposed annexation will:
(1)
Promote an orderly, timely, and economical transition of rural and agricultural lands into urbanizable lands;
(2)
Avoid promoting development in areas of natural hazard;
(3)
Affect the natural resources of the area, including air resources, water quality, natural vegetation and fish and wildlife resource;
(4)
Effectively utilize energy resources and promote conservation of energy use;
(5)
Provide for recreation and open space opportunities;
(6)
Affect and provide for an orderly and efficient arrangement of public facilities and services;
(7)
Improve and enhance the economy of the City;
(8)
Provide the opportunity for a variety of quality, safe, housing, and commercial or industrial development;
(9)
Affect and provide for an orderly and efficient arrangement of transportation needs in an orderly, safe and economic manner.
(C)
The Planning Official shall set a date for a public hearing with the council upon receipt of the Planning Commission's recommendation. Notice shall be pursuant to the proposed method of annexation. After considering all testimony the City Council shall sustain or reverse the Planning Commission's recommendation. The City Council shall, in a written form, state the rationale used in justifying the decision, and that the decision is in conformance with the City's Comprehensive Plan.
(Ord. 331 §2, 1979; Ord. 443 §1, 1998; Ord. 545, 7/9/2025)
(B)
The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. The proposal for annexation may be voted upon by the voters of the City and of the territory simultaneously or at different times not more than 12 months apart.
(C)
Two or more proposals for annexation may be voted upon simultaneously; however in the City each proposal shall be stated separately on the ballot and voted on separately, and in the territory proposed for annexation, no proposal for annexing other territory shall appear on the ballot.
(D)
The City Council shall give notice of each annexation election by publication prior to such election once each week for four successive weeks in a newspaper of general circulation in the City. Whenever simultaneous elections are held, the same notice and publication shall fulfill the requirements of publication for the City election and the election held in the territory. Notice shall also be given by posting notices of the election in four public places within the City if votes are to be cast therein and four public places in each territory proposed to be annexed for a like period as provided in this section for publication of notice. The notice shall distinctly state the proposition to be submitted, shall contain a legal description of, and a map indicating, the boundaries of each territory proposed to be annexed and the registered voters shall be invited thereby to vote upon such annexation. The City Council, shall also designate and the notice shall state the hours during which the polls will be open within the City and each territory proposed to be annexed. If the election is to be held at the usual precinct polling places designated for a general election held at that time, or if the election is not held at the same time as a general election, but is held at the same polling places used for the last preceding general election, the notice shall so state; if any polling place is to be different than the regular precinct polling places, the notice shall describe the location of the polling places to be used in the area or precincts in which the polling places are different.
(Ord. 331 §2, 1979; Ord. 443 §1, 1998; Ord. 545, 7/9/2025)
(A)
By ordinance or requirements of Oregon State Law, the City Council may elect to dispense with submitting the annexation proposal to the registered voters of the City, set a date for a public hearing, at which time the registered voters of the City can be heard on the annexation proposal.
(B)
Notice of the public hearing shall be published once a week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the City, and posted in four public places in the City for a like period.
(C)
Written notice shall be given to all property owners within the boundaries of the proposed annexation and within 500 feet of the external boundaries of the proposed annexation.
(D)
After the public hearing the City Council, by ordinance subject to referendum and containing a legal description of the proposed annexation:
(1)
Declare that the territory is annexed to the City upon the condition that the majority of the votes cast in the territory is in favor of annexation;
(2)
Declare that the territory is annexed to the City where persons with land ownership in the proposed territory consent in writing to such annexation as provided in Section 13.04.080(A) of this chapter.
(Ord. 331 §2, 1979; Ord. 443 §1, 1998; Ord. 545, 7/9/2025)
The City Council need not call or hold an election in any contiguous territory proposed to be annexed, or post notice in the contiguous territory, if more than half the owners of land in the territory, who also own more than half of the land in the contiguous territory and of real property therein representing more than half of the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land in the territory and file the annexation proposal on or before the day:
(A)
The public hearing procedure shall be pursuant to Section 13.04.060(A) and (B), and Section 13.04.070(B) and (C). If the City Council dispenses with submitting the question to the registered voters of the City; or
(B)
The City Council takes the necessary action to call the annexation election in the City under Section 13.04.070(D), if the Council submits the question to the registered voters of the City.
(Ord. 331 §2, 1979; Ord. 443 §1, 1998; Ord. 545, 7/9/2025)
(A)
It is within the power and authority of the City by ordinance subject to referendum, to annex land, provided it is not an incorporated City, that is surrounded by the corporate limits or boundaries of the City, with or without consent of any property owner or resident in the territory.
(B)
Notice and procedure for public hearing shall be provided pursuant to the provisions of Section 13.04.060(A), (B), and (C), and Section 13.04.070(B).
(Ord. 331 §2, 1979; Ord. 443 §1, 1998; Ord. 545, 7/9/2025)
(A)
The City shall report all changes in the boundaries or limits of the City to the County Clerk and County Assessor. The report shall contain a legal description of the new boundaries and shall be filed within 10 days from the effective date of the change of any boundary lines.
(B)
With the exception of island annexation, the City Recorder shall submit to the Secretary of State:
(1)
A copy of the annexation ordinance;
(2)
An abstract of the vote within the City if votes were cast therein, which shall show the whole number of registered voters voting therein on the annexation, the number of votes cast against annexing;
(3)
A copy of the statement of consent of landowners in the territory annexed;
(4)
A copy of the ordinance of the City declaring that no election is required in the City; and
(5)
An abstract of the vote upon the referendum if a referendum petition was filed with respect to the deferred ordinance.
(Ord. 331 §2, 1979; Ord. 443 §1, 1998)
The annexation shall be complete from the date of filing with the Secretary of State as provided in ORS 222.150, 222.160, 222.170, 111.900 and Section 13.04.100(B). Thereafter, the annexed territory shall be and remain part of the City. The date of such filing shall be the effective date of annexation, provided such filing is not made later than 90 days prior to any general or primary election; otherwise, the effective date of such annexation shall be the day after the primary or general election next following the date of filing.
(Ord. 331 §2, 1979; Ord. 443 §1, 1998)
Territory annexed to the City shall retain the Comprehensive Plan and zoning classification of its former jurisdiction, until changed by the City. Zone Comprehensive Plan and zone change proceedings shall be initiated by the City within two months after the effective date of annexation.
(Ord. 331 §2, 1979; Ord. 443 §1, 1998; Ord. 545, 7/9/2025)
The fee for application for annexation to the City of Yamhill shall be as determined by resolution set forth by the City Council.
(Ord. 331 §2, 1979; Ord. 443 §1, 1998)