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(1) Annexation of the entire development site, or execution of a consent to annexation agreement is required prior to any of the following actions:

(a) Any zone change or planned unit development approval if the development potential of the existing lot(s) would increase, or the proposed or allowable uses will generate, singly or in the aggregate, a direct additional need for key urban facilities and services.

(b) Approval of any new dwelling unit(s), commercial or employment and industrial development.

(c) Approval of an expansion of an existing commercial or employment and industrial development if the proposed use will generate, singly or in the aggregate, a direct additional need for key urban facilities and services provided by the city.

(2) The following uses are exempt from the requirement of annexation or execution of an annexation agreement unless otherwise required by this section:

(a) Agricultural uses.

(b) Management, growing, and harvesting of forest products, including Christmas trees, but excluding primary timber processing operations or vehicle equipment maintenance facilities.

(c) Sale of agricultural products and livestock grown or raised on the premises.

(d) Sales stands of up to 300 square feet for agricultural products not grown or raised on the premises.

(e) One single family home or 1 mobile home per lot in conjunction with a farm use or the management, growing, or harvesting of forest products.

(f) Home occupations.

(g) A single temporary dwelling installed with a temporary manufactured dwelling hardship permit.

(h) Public infrastructure necessary for the area and allowed pursuant to a city-approved legal agreement.

(i) Pump stations, well heads, non-elevated reservoirs, and other water or sewer facilities.

(3) A consent to annexation agreement required by subsection (1) of this section shall provide for and be limited in its use to the following contingencies:

(a) The annexation shall be contingent upon the city being contiguous to the area proposed to be annexed. For purposes of applying this paragraph, a property is not considered contiguous to the city unless it is contiguous to the main incorporated area of the city.

(b) The annexation shall be contingent upon the city’s ability to provide key urban facilities and services listed in the comprehensive plan to the area proposed to be annexed.

(4) The planning director shall provide a written determination of the need for a property owner to execute an annexation agreement. Any land use applicant or property owner aggrieved by the determination of the planning director may appeal the decision to the hearings official according to the procedures beginning at EC 9.7600 General Overview of Appeal Procedures.

(5) The planning director may require immediate annexation instead of an annexation agreement.

(Section 9.4640, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014; and Ordinance No.20584, enacted July 17, 2017, effective August 24, 2017.)