1. (1) This rule applies to delayed annexations by cities allowed under ORS 222.750. In these annexations, all nonresidential zoned property and all residentially zoned property in nonresidential use become annexed immediately, while all properties zoned for and in residential use are annexed on a delayed basis, with the length of the delay specified by the ordinance or resolution. Properties subject to delay are annexed immediately upon transfer of ownership.

2. (2) For purposes of ad valorem taxation, the requirements for notification can be found in ORS 308.225, and the procedure is as follows:

   1. (a) During initial submission of a code boundary change request for annexation of unincorporated territory subject to delayed annexation under ORS 222.750, the map and legal description must at a minimum describe the initially annexed properties. If describing the entire exterior boundary of the annexation in the initial submission, any areas subject to delayed annexation must be clearly excepted by separately describing the areas and noting them on the filed map.
   2. (b) A code boundary change request must be submitted for any property subject to delayed annexation that becomes part of the city before the end of its delay period due to transfer of ownership.
   3. (c) If not described in a previous submission, a code boundary change request must be submitted for any remaining properties at the conclusion of their delay.

Statutory/Other Authority

ORS 305.100

Statutes/Other Implemented

ORS 308.225

History

Renumbered from 150-308.225, REV 57-2016, f. 8-13-16, cert. ef. 9-1-16
REV 11-2010, f. 7-23-10, cert. ef. 7-31-10