Annexation of Unincorporated Island Video
Annexation of Unincorporated Island FAQ
Weber County has a number of unincorporated islands. Many of the islands are developed to the point that makes them unlikely to ever annex into an adjacent city. These islands tend to generate a demand for municipal services. The County is challenged to offer any service to property within one of these islands at the same service cost as unincorporated property not within an island. For this reason, the County is recommending annexation of these islands into their adjacent cities. Below are frequently asked questions about how a potential annexation may affect land owners.
What is an unincorporated island?
An unincorporated island is an area of unincorporated land that is completely surrounded my municipalities.
What is the role of the County in this process?
There are several processes for a city to annex unincorporated land. The process currently being explored requires the County Commission to offer a recommendation for annexation to a city. With this method, only those recommendations the County Commission offers may be considered. Before making a recommendation the Commission must hold a public hearing. A public hearing was held on June 13, 2017 for this purpose.
What is the role of the Cities in this process?
After receiving recommendation from the County Commission a city must hold a public hearing prior to making any final annexation decision. Under state law requirements for this specific process a city may only consider the recommendations offered by the County Commission for annexation. The city has full discretion to accept, reject, or ignore the County Commission’s recommendation.
How will annexation affect my property tax?
Because a city has an additional property tax it is highly likely that the total property tax obligation will increase. How much it will increase is totally dependent on the city doing the annexing, and whether there are any tax-districts that will change as a result of the annexation.
How will annexation affect tax-districts?
For property currently in a tax-district that offers different police, fire, paramedic, or emergency services than the service offered within the city, a city annexation will trigger an automatic change to the district’s boundary. This will occur for Weber Fire District. A city annexation will result in the de-annexation of the Weber Fire District for the affected properties.
For property that is in any other taxing district – for example, a utility district – a city annexation will not affect the district’s boundaries. A change to these boundaries requires mutual consent from the district and the city.
How will annexation affect the way I may want to use my land in the future?
Use of land is generally governed through zoning ordinances. Current zoning on property within unincorporated islands is governed by the County Commission. The County Commission, after public hearing and a recommendation from the planning commission, has the broad legislative authority to modify zoning as they deem necessary. A city annexation will result in this legislative authority being transferred to a city council. The city might apply a zone currently in the city’s ordinances; or a city might adopt a new zone to apply to the area.
In the County Commission’s annexation recommendation to each city the Commission will be strongly advocating for existing land use rights to be preserved. If a city applies a zone that is inconsistent with the current county zone, all future land uses (meaning land uses that have not yet been initiated) must comply with the new city zone. Current land uses are protected from new regulations, as better explained below.
How will annexation affect the way I am currently using my land?
Utah State Code offers land owners protection from new regulations that might restrict a current land use. This is commonly called “grandfathering.” If an annexation results in different zoning regulations, current land uses must be grandfathered. This grandfathering runs with the property – regardless of ownership – provided it is not abandoned by the owner. To learn more about grandfathering (nonconforming uses), here is a great resource from the Land Use Academy of Utah: https://luau.utah.gov/2016/01/21/definitions-non-conforming-use/.
How will annexation affect Hooper Water utility?
City annexation does not affect water district boundaries. Hooper Water currently serves both incorporated and unincorporated areas of Roy City, Hooper City, and West Haven City. Roy City has indicated that the Hooper Water system is incompatible with the pressure of the city’s system, and finds it unlikely that there will ever be a reason to assume responsibility for it.
Will Ogden City make me connect to sewer?
Ogden City currently has an ordinance that requires a landowner in their city to connect to their sewer system within a certain period of time. Ogden City officials are considering alternatives to this rule.
The island in which I live does not receive services from the County or the City. Why is it being considered for annexation?
The County pays for many unseen municipal services that benefit a land owner within an unincorporated island. Those include, but are not limited to sheriff/police; fire; emergency services; street use, maintenance, and snow removal; and planning, zoning, and engineering services. Some of these services might be provided by an adjacent city through an interlocal or first responder’s agreement, but is often still compensated, whether financially or in-kind, by the County. Providing these services for an unincorporated island generates a disproportionate cost for services due to the distance from the rest of the unincorporated areas.
Why are some properties being considered for annexations but others are not?
The state code that allows this process of annexation is designed to capture properties that are unlikely to annex as a result of future development. Properties that will develop in the future have a high probability of requiring municipal services that only the adjacent city can provide, and therefore is likely to result in an annexation at that time, and are therefore being left out of the County Commission’s recommendation.