Are you interested in having your property voluntarily annexed into the City of Toledo?
As the City of Toledo looks at increasing the City’s boundaries, the City Council has directed the Planning Department to determine the interest in having property that is located in the Urban Growth Boundary (UGB) annexed into the City of Toledo. Whether you own or occupy property in the UGB, your input is appreciated and will be considered as the City determines how to proceed moving forward.
Annexation is the means by which property owners in unincorporated areas can join the City of Toledo, receive city services and vote in City elections. The annexation process is an essential governmental function that regulates how communities provide governmental services to the citizens of a particular geographic area. Usually, access to one or more city services are the reason residents and property owners outside the City consider annexation. These services include sanitary sewer, city water, improved road maintenance, and greater police protection. City services will eventually expand to new territory brought into the City.
Annexation into the City also involves a change of zoning designation that is applied to the property being annexed. Most of the property in the UGB, for example, has an existing County zoning designation of Residential Zone (R-1) and a minimum lot size of 2 acres in most rural areas, and when brought into the City’s boundary, depending on the comprehensive plan, may result in a City zoning designation of Single Family Residential (R-S) and a minimum lot size of 7,000 square foot. For your reference, there is 43,560 square feet in an acre. Please consult with the City’s Planning Department if you have any questions about the allowed uses or development standards that are associated with the zoning designation that would be applied to the annexed property through the annexation process. It is possible, for example, that upon annexation, existing uses or structures may not conform to the City’s development code. Nonconforming uses and structures are allowed to continue and be maintained in reasonable repair but are not allowed to undergo alteration or extension without staff or Planning Commission review and approval. Uses or structures that were not legally established in the County are not made legal upon annexation to the City.
Certain things must be present for real property to be voluntarily annexed into the City of Toledo. The requirements of this type of annexation, that the City Council is making available, includes the following:
(1) PROPERTY INSIDE THE UGB: To be eligible to be included within the boundaries of the City by this process, the property to be annexed must be located inside the Urban Growth Boundary (UGB). If outside the UGB, then you will not be annexed through this process.
(2) COMPLETED APPLICATION FORM WITH CONSENT PETITION FOR ANNEXATION: The consent to annexation form that will be added to this website or can be obtained at City Hall, in the near future, will need to be completed. Annexation is based on the consent of property owners and eligible registered voters at that address.
(3) FEE: The annexation fee must be paid, or may be waived, at least in part, by the City. At this time, the annexation/rezone fee is $1,100.
(4) CONTIGUOUS TO THE CITY’S BOUNDARIES: The property must be “contiguous” to the City (i.e., it must be next to, or adjacent to, a city limits boundary). If your property doesn’t touch the city limits boundary, the owner of your neighboring property which is next to the city limits must also agree to be annexed into the city before your property can also be brought into the city. The exception to the contiguity requirement is that property may be separated from the city by a public right of way or a stream, bay, lake, or other body of water.
(5) PROOF OF OWNERSHIP AND LEGAL DESCRIPTION: The legal description of the property proposed to be annexed, along with documentation of ownership, can usually be obtained from the last deed in the chain of ownership. In very limited circumstances, the legal description in the deed will not suffice which may require a survey of the property to be annexed.
(6) PUBLIC HEARINGS: Two public hearings will occur, with neighboring property owners receiving notice, where testimony on whether or not to approve the annexation will be taken. The Planning Commission, after a public hearing, will make a recommendation to the City Council, which will make the final decision in a second public hearing.
Please don’t forget the most important part of this project is to share your opinion with the City. Please complete the survey before June 30, 2016. You are making no commitment by your response. You may later change your mind. This survey is just to receive your input on your interest in having your property annexed into the City.
Although it can be a complicated process, the City’s staff is here to help you through this process. If you need assistance or more information, please contact the City Planning Department at 541-336-2247; City Planner, Mike Adams, at Ext 2080; or Planning Assistant, Arlene Inukai, at Ext 2130.