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.
B. Prior Consent: For purposes of this section, prior consent to annex shall be deemed given when evidenced by written authorization or approval executed by the owner or owner’s authorized agent. Consent shall be implied for the area of all lands connected to water or wastewater systems operated by the City if the connection was requested in writing by the owner, or the owner’s authorized agent, or completed before July 1, 2008 and for lands subject to a written consent to annex recorded in the County Recorder’s office. Written consent to annex, if recorded in the County Recorder’s office, shall be binding upon subsequent purchasers, heirs, or assigns of lands in the consent. Lands need not be contiguous or adjacent to the city limits at the time the landowner consents to annexation for the property to be subject to a valid consent to annex; provided however, no annexation of lands shall occur, irrespective of consent, until such land becomes contiguous or adjacent to the city limits.
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 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: In accordance with Idaho Code Section 50-222, three (3) annexations classifications have been established based on the size of the area considered for annexation, the property’s contiguity to the city, level of private landowner consent, and sometimes due to health-related considerations. Annexation of all lands shall follow the applicable notice and procedures required by Idaho Code.
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.
c. The annexation meets the requirements for its Annexation Classification 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 longterm 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 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.
f. A zoning district will be assigned via ordinance at the same time, or immediately following, the annexation approval. (Ord. 832, 2021: Ord. 845 § 13, 2022)