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Municipal Code: Chapter 32
Application Procedures
The City Charter gives Council the power to annex any lands contiguous (at any point) to Newark's boundaries, whenever requested to do so by the owners of two-thirds or more of the area proposed to be annexed. Council approval is in the form of an Ordinance which provides for the Zoning and Municipal voting district of the annexed territory. There is no filing fee for Annexation petitions.

Information and forms for Annexations are available in the Planning Department. Annexation proposals should be submitted to the Department and must include:
  • A completed Annexation petition.
  • A copy of the property deed.
  • A cover letter.
  • Twenty-five copies of a site plan and location map.

The cover letter should be signed by all parties requesting Annexation, and state the petitioner's intended use of the land to be annexed. The site plan, drawn to scale, should show:
  • Existing city boundary and present county zoning of the area to be annexed.
  • Location of property owned by petitioner(s).
  • City zoning classification(s) desired by the petitioner for the land owned by him.
  • Location of the property contained in each proposed Zoning classification.
  • Layout of all existing and proposed buildings and adjacent land uses.
  • A data column comparing the proposed use with requirements of the City Zoning Code.

Other Documents

The Planning Director may request that other documents and materials be furnished by the petitioner to assist the Planning Commission and City Council in evaluating the land use decisions related to the proposed annexation.

This information may include some or all of the studies listed under rezonings in this summary.

Review & Approval Process

When all required documents have been received in the Planning Department, the Director and City staff review the petition and supporting materials and make recommendations regarding the proposal to the Planning Commission. Property owners within 100 feet of the subject property are notified of the proposal by certified mail 10 days prior to the scheduled Planning Commission hearing, at which time the petitioner may discuss and answer questions regarding the proposal. Usually the Planning Commission holds one hearing and forwards its recommendations to City Council.

In order to adopt an Annexation Ordinance, it must receive two readings before City Council with a public hearing at the second reading, and receive a majority vote of all Council members.

Adjacent property owners receive 15 days notice of the time and place of the public hearing. If Council approves the Annexation Ordinance, the Official Zoning Map is changed to include the annexation area.

Note: If the owners of 20% or more of either the area included in the Annexation or within 100 feet of the area file a "protest" opposing the Annexation, a three-fourths majority vote of Council (6 of 7 members) is necessary to approve the Annexation Ordinance.