By Jones Osborn II

The population growth in Arizona has led many cities and towns to increase their boundaries by annexing additional territory. Some property owners actively seek annexation, while others bitterly oppose it.

Pros and Cons. The decision to favor or oppose annexation can be difficult. The primary advantage of annexation is the access to city services such as water and sewer, garbage collection, and fire and police protection. Some property owners also favor the stricter zoning standards and enforcement usually found in incorporated cities and towns, and may look forward to better street improvements such as paving, sidewalks and lighting. If water and sewer service is not already available to the property, annexing to a city or town is a huge advantage because land without water and sewer service is all but impossible to develop.

Now, let's look at the disadvantages. The big negative is the imposition of additional taxes. Taxes vary from city to city, but there will usually be some additional property and sales taxes to pay for the increased services. On the other hand, these tax increases are often offset by reductions in insurance rates and the fact that it may no longer be necessary to pay for private fire protection or garbage collection services. This is something the property owner will have to carefully study in order to make a good decision.

City zoning is considered an advantage by some, while others adamantly oppose it. County zoning ordinances usually allow a wider range of uses and may have less strict building codes and fewer design review requirements. Very often horse owners and other agricultural users fear annexation because they believe the city may interfere with their ability to keep livestock on their premises, which may or may not be the case, depending on the type of zoning that the city applies to the property.

A careful analysis of all the factors is required to make a decision that is truly in the best interests of the property owner when considering whether to accept or fight annexation.

Procedure. The annexation procedure is fairly simple. It begins when the city files a map with the County Recorder showing the boundaries of the proposed annexation. Notice of the annexation is given by advertising, posting, and by mail to each affected property owner. A public hearing is then held by the city council to determine whether to go forward. After the hearing, the city has one year to obtain the signatures of at least half of the property owners in the area to be annexed, both by (a) number of owners and (b) assessed value. If the necessary signatures are obtained, the city council may then pass a resolution annexing the territory. The annexation becomes final and unchallengeable thirty days after the passage of the resolution.

Limitations. There are certain limitations on the authority of a municipality to annex additional territory, however. The land to be annexed must be contiguous to the municipality for at least 300 feet. It must be at least 200 feet wide at all points, and in most cases it cannot extend from the existing municipality a distance of more than twice its width at its widest point. The annexation cannot landlock unannexed property. (This means that "strip annexations" are no longer legal). Finally, and most importantly, the city cannot annex new territory unless it has adopted a plan to serve the area with infrastructure adequate to serve projected growth within the following ten years.

Zoning. State law provides that a municipality must adopt zoning in the new area that permits densities and uses no greater than those permitted by the county immediately prior to annexation. This means that the new city zoning can be more restrictive, but not less restrictive, than the previous county zoning. Thereafter, the municipality may change the zoning by following its normal rezoning procedure.

State law also provides that a municipality may adopt an ordinance authorizing county zoning to automatically continue in effect after annexation until new city zoning is adopted for the property, but no longer than six months. Some cities and towns have passed such an ordinance, but Phoenix has not. Without such an ordinance, the municipality is required to adopt new zoning for the property immediately upon annexation. Normally, the annexing municipality will adopt zoning most closely resembling the existing county zoning.

Of course, if property already has been developed or otherwise put to use, that use is considered a legal non-conforming use and cannot be made illegal by the annexation of the property into the city, even if the use is not allowed under the city zoning. However, this protection does not apply to unused vacant land, which can be downzoned to a lesser density or more restrictive use than was allowed in the county.

How To Fight Annexation. If you are opposed to annexation, the first step is to voice your opposition at the public hearing. If there are enough objectors, it may be possible to convince the city to drop the idea before it goes any further. If the city decides to proceed with annexation at the conclusion of the public hearing, the next step is to wage a campaign to persuade as many of the property owners as possible to refuse to sign the annexation petition. It can be useful to review the assessed valuations of the properties, because it may be possible to defeat the annexation if a small number of properties with high assessed values can be convinced to refuse to sign because the city would be unable to obtain the consent of at least half of the property by value. Finally, if the city obtains the necessary signatures and adopts an ordinance approving the annexation, you can file suit to block it if you can find some requirement of law that was not correctly followed. However, you have only thirty days from the adoption of the resolution approving the annexation to file suit. If you don't file within thirty days, the annexation is final and you have no further recourse to the courts.

After the annexation has become final, state law provides no way to ever de-annex and again become part of the unincorporated area of the county. At best, there is a procedure for de-annexing from one municipality and concurrently becoming part of another, but only if both municipalities agree. Under the law as it exists today, annexation is forever.

Conclusion. Annexation can have many advantages to the property owner. However, there can also be disadvantages, such as higher taxes and more restrictive zoning. A careful analysis is usually advisable when deciding whether to fight or support annexation.

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The governing statutes are A.R.S. § 9-471, et seq., and A.R.S. § 9-462.04(E).