A. Applicability: This section implements the expressed policy of the State of Idaho that cities of the state should be able to annex lands which are reasonably necessary to assure the orderly development of Idaho's cities to allow efficient and economically viable provision of tax-supported and fee-supported municipal services, to enable the orderly development of private lands which benefit from the cost-effective availability of municipal services in urbanizing areas, and to equitably allocate the costs of public services in management of development on the urban fringe. The corporate boundary of the city may be expanded whenever the council deems it to be for public convenience or necessity or for the general welfare. This section shall apply to all lands which can annex by state law in accordance with its procedures under Idaho Code 50-222.
B. Implied Consent: For purposes of this section, prior consent to annex shall be deemed given when a property has been connected to a city water or wastewater collection system if the connection was requested in writing by the owner or the owner's authorized agent prior to July 1, 2024, or if the connection was completed prior to July 1, 2008.
C. Approval By Ordinance: Annexations shall become effective when the council adopts an ordinance and upon summary publication.
D. Annexation Or Written Consent To Annex Required Before Providing City Facilities And Services: Prior to providing municipal facilities or services, the city will require annexation of those eligible properties and if not eligible, written annexation consents to be recorded with the county recorder's office and evidence of the instrument provided to the city.
E. Application: A request for the annexation of property into the city may be initiated as outlined in Idaho Code Title 50, Chapter 2. In the case of non-city initiated annexations, an annexation application shall be filed and include all information required by the CSD and fees as required by resolution adopted by the council, along with any other information required by the same chapter of Idaho Code. All annexation applications shall be accompanied by a separate application for an initial zoning designation pursuant to the requirements of Section 18.28.050; the council shall not review an annexation application until it has received an initial zoning designation recommendation from the commission.
F. Annexation Classifications, Notice, And Procedure:
1. Annexation With Consent: In the case of prospective annexations where all landowners of the subject property have requested annexation, or have given consent or where implied consent has been given, the annexation is deemed one of consent and no notice, hearing, or annexation plan are required pursuant to Idaho Code 50-222(5)(a) provided, however, that an initial zoning designation, and comprehensive plan designation if the property does not have one, shall follow notice and hearing procedures of this title and be approved with the annexation ordinance, or immediately following it.
2. Enclave Annexations: In the event that an annexation is proposed for residential enclaved lands surrounded entirely by the city or lands which cannot be legally or physically annexed, and which have thirty (30) or fewer privately owned parcels, no notice, hearing, or annexation plan are required pursuant to Idaho Code 50-222(5)(b) provided, however, that an initial zoning designation, and comprehensive plan designation if the property does not have one, shall follow notice and hearing procedures of this title and be approved with the annexation ordinance or immediately following it.
3. Other Annexations: Annexations not meeting the standards of subsections 1 and 2 above shall follow the annexation procedures established in Idaho Code 50-222 including providing an annexation plan, written notice, and public hearings with both the land use and development commission and the city council.
G. Standards For Approving Annexations:
1. Standards For Approving An Annexation: Annexation may be approved by the city council if affirmative written findings of fact are made on each of the following standards:
a. The land is contiguous or adjacent to the city boundary.
b. All portions of highways, streets, or roadways lying wholly or partially within an area to be annexed shall be included within the area requested for annexation unless expressly agreed between the city and the county. If a property has an adjacent railroad, the annexation boundary shall include the railroad right-of-way as directed by the community services director.
c. The annexation meets the requirements under Idaho Code.
d. Annexation of the land is in the best interest of the city. Suggested considerations to evaluate for this criteria include:
(1) Revenue generated by property taxes will exceed long-term costs associated with maintenance and provision of services and facilities.
(2) The advantages both to the city and to the area outweigh the disadvantages.
(3) If previously developed, the area has the opportunity to be redeveloped or to develop at higher intensity.
(4) If expenses required to bring the properties to city standards exceed anticipated property tax income, the residents and/or council agree to form a local improvement district.
(5) Annexation is equitable and fair to existing residents; and
(6) Annexation would address a public health concern.
e. The land can be served currently, or within a reasonable time, by essential urban services. If existing structures being annexed are not connected to city culinary water or sanitary sewer, and are connected to private wells and/or septic systems, each property owner will connect to city utilities, at their own cost, when city utilities are within three hundred feet (300') of the nearest property line upon which such building or structure is situated. The connection must be completed within six (6) months of annexation or extension of the city utilities, to within three hundred feet (300') of the nearest property line upon which such building or structure is situated, whichever occurs later. The city may, depending on the equivalent dwelling units utility consumption on the property, require connections sooner or at a longer distance than the aforementioned three hundred feet (300') by the annexation ordinance for the property.
f. A zoning district will be assigned via ordinance at the same time, or immediately following, the annexation approval.
g. The annexation does not annex any lands prohibited by Idaho Code 50-222.
(Ord. 832, 2021: Ord. 845 § 13, 2022; Ord. 872, 2024)