Sec. 3.27. Annexation

3.27.1. Purpose

The purpose of this section is to establish the procedures by which a property owner Any person having charge of any real property according to the records held by the Register of Deeds. may request the City of Durham to annex property and thus establish the City’s jurisdiction onto the subject property, pursuant to the Durham City Code and applicable state statutes. This section does not override or nullify any other local or state law regarding annexation and applicable rules or laws resulting from the establishment of the City’s jurisdiction.

3.27.2. Pre-Application Conference

All applicants applying for annexation shall schedule a pre-application conference in accordance with paragraph 3.2.2, Pre-Application Conference.

3.27.3. Application

A. An application for annexation shall be submitted in accordance with paragraphs 3.2.4, Application Requirementss.

B. Utility Extension Agreement (UEA)

Unless incorporated into a concurrent approval by City Council, such as a zoning map change or statutory development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. agreement, the applicable utility extension agreement shall be included with the annexation request.

C. Concurrent Zoning Map Change

An annexation application shall be submitted concurrently with any associated zoning map change application.

3.27.4. Review of Application

A. After receiving the application, the Planning Director or designee, and any other applicable department or agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc., shall be responsible for review and comment regarding the request.

B. Administrative Voiding of an Application

The Planning Director or designee may consider applications withdrawn and voided due to the failure of the applicant to submit required information within 90 days of a request for such information.

3.27.5. Action by the Governing Body

A. General Procedures

1. Before taking action on an annexation request, the governing body shall consider any recommendations of the Planning Director or designee, and of staff agencies A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc., and shall conduct a public hearing where interested parties may be heard.

2. Notice and public hearing requirements shall be in accordance with paragraph 3.2.5, Notice and Public Hearings.

3. The City Council may continue a public hearing prior to closing the hearing and taking action on the request.

4. Following the public hearing, the governing body may approve the request, deny the request, or refer the request back to the administration for additional consideration.

5. The annexation approved by the governing body may include changes from the request presented.

B. Concurrent Approvals

The City Council may consider concurrent requests for the subject site with the annexation request. However, separate motions for each requested action shall be required.

3.27.6. Initial Zoning Map Change

Pursuant to an initial zoning map change A zoning map change that establishes the City’s zoning authority over newly annexed territory, per NC General Statute 160D-202(g), or establishes the County’s zoning authority over newly relinquished territory, per NC General Statute 160D-202(h). as defined in Article 17, Definitions, the City Council may establish its zoning authority by adopting the current zoning designation, or by adopting a different designation.

3.27.7. Effective Date

The effective date of an annexation shall be a date determined by City Council.