Frequently Asked Questions
Inclusion of Property in the UGB
This list provides answers to common questions about the UGB expansion and properties that may be included in the UGB.
To read the General UGB Expansion Frequently Asked Questions (FAQ) click here.
Q.Does inclusion within the UGB mean my property is part of the city? What's the difference between a UGB expansion and annexation?
A. No, a UGB expansion is not the same as annexation, and inclusion in the UGB does not mean property is part of the city.
The UGB is the location where future growth is to occur over the next 20 years. 20-year plans must be developed for the UGB, including plans to ensure adequate public facilities and services as growth occurs. Annexation is when properties come into the City limits. Generally, only areas within a UGB are eligible for future annexation.
Q.Does inclusion in the UGB mean property will be annexed in the future?
A. It is likely, but that depends on voters and property owners. Generally, only land within a UGB is eligible for annexation.
Over time, it is expected that many property owners will develop their properties within the UGB and that additional lands in the UGB will be considered for annexation over the next 20 years or more. A majority of both city voters and voters and/or property owners in areas considered for annexation must approve annexation. State law provides a limited exception for annexations when necessary to abate a danger to public health.
By City Charter, any annexation requires a city-wide vote of the people. In addition, state law now provides more opportunity for direct democracy by electors in areas considered for annexation. Together, state law and the City Charter require annexation by a majority vote of City voters and a majority, by vote or written consent, of voters and/or property owners in areas considered for annexation.
As future growth occurs, it is expected that the City will place annexation proposals on the ballot and that property owners may petition for annexation which would also need to be placed on the ballot for a vote.
Q.How does this affect property ownership?
A. Not at all. You still own your property just as you always have.
Q.How does inclusion in the UGB affect how I can use my property?
A. Use of property is mostly governed by nuisance law, zoning, and city and county ordinances. (State and federal laws also apply directly to certain activities on properties, which generally apply the same whether or not property is within a UGB).
Nuisance. Regardless of zoning, you can't use your property in a manner that causes a public nuisance, danger, or hazard, whether or not it is within a UGB.
Zoning. By local law, any existing lawfully established use of property is "grandfathered" and can continue as it is, even if zoning changes in the future. As zoning changes in the future, there may be changes to what new uses may be started, restarted, or expanded on properties and the standards for dividing land. Within a UGB, after new zoning is applied, land can generally be divided into smaller lots together with urban services. The property owner still decides whether or not to develop or change how his or her own property is used.
Other Ordinances. City ordinances regulate some other property issues, but these don't apply when property is included in the UGB. They would only apply if or when property is annexed in the future. (Examples include open burning, etc.)
Q.When will new zoning be applied?
A. For most properties, zoning will NOT change at the time the UGB amendment is adopted. At the time of the UGB amendment, there will be a plan map that shows what future zoning will be.
There are still important decisions that must still be made in this process about exactly how and when the transition from rural to urban zoning will occur. Any consideration of rezoning would occur through upcoming public hearings with notification to property owners.
Initially, it is likely that properties in expansion areas will retain the current rural zoning. (Properties already within the current UGB will retain their existing urban zoning). Urban zoning can't be applied in expansion areas until plans are in place to show how adequate public facilities such as streets, sewer, and water will be provided as growth occurs. After the UGB location is approved, the next step will be to update all of the plans for these public facilities. Most of that work is expected to begin just after the boundary location is established and to take at least 18 months. It is possible that current public facility plans may be sufficient to allow some limited zone changes before all facility plans have been updated.
For new UGB areas, major policy options will also be reviewed about whether the changes from rural to urban zoning would occur throughout the expanded UGB all at once after the facility plans are completed, or whether that zoning transition will occur gradually over time. This will need to be determined through public hearings with notifications to property owners.
Q.Does inclusion in the UGB affect my real property taxes?
A. No. Property taxes are determined by a tax rate multiplied by the property's assessed value. Inclusion in the UGB doesn't change the tax rate or the assessed value.
Tax Rate. Inclusion in the UGB isn't the same as inclusion in the city, so you won't pay city taxes for the property. In other words, your tax rate won't change. Only if or when property is annexed in the future would city taxes apply. The City has a permanent tax rate that can't be increased without a vote of the City voters.
Assessed Value. For most people, the assessed value of real property is going up 3% per year if there isn't new construction on the property. This would not change just by inclusion of property in the UGB.
Q.How does inclusion in the UGB affect property value?
A. Your property value (the real market value) is likely to increase. Actual property values depend on actual market conditions and the price someone is willing to buy or sell for at any given time. You might consider contacting a private property appraiser if you would like information specific to your property.
Q.Can I continue to have farm animals if my property is included in the UGB?
A. Yes, if the use is legally established and allowed by your current rural zoning.
Until any future zoning changes occur, the same rural zoning laws that apply to your property now will continue to apply. If you have a "grandfathered" use, it can continue as allowed by the current rural zoning and future urban zoning as long as the use is in continuous operation and doesn't constitute a nuisance.
Q.Will I get city services if my property is included in the UGB?
A. Will I get city police and fire protection if my property is included in the UGB? No, not unless property is annexed or has a service agreement. City police and fire protection are funded with city property taxes or service agreements. City police and fire services are only provided to those properties within the City limits or with service agreements that pay for those services. Until then, the City's Public Safety Department will continue to provide fire response assistance to other fire protection providers through mutual aid and response agreements, and the County Sheriff's Department will continue to be the police provider.
Will I get other city services if my property is included in the UGB? No, not until urban zoning is provided. In general, city services will not be provided until urban zoning is provided and/or property is annexed. Further, services such as sewer and water are usually extended to a property by a developer when property is developed, and the City doesn't just extend these services. In general, this can't occur until urban zoning has been applied and the property is either annexed or has a service and annexation agreement.
Some properties outside the current UGB are within the Redwood Sanitary Sewer Service District (RSSSD) that was established prior to the current UGB, and these properties already receive Redwood sewer service. This doesn't change.
Q.Will I have to abandon my well and septic system and connect to sewer and water lines?
A. No. A UGB expansion won't affect this.
Further, most people aren't aware that even after a property is annexed to the City, it is "grandfathered" and can continue to use the existing well and septic system unless it is further developed. In addition, some small scale developments that aren't near city water can still have new wells.
Q. Who will I go to if I want to develop and need a land use approval or building permit?
A. This must still be decided, and this question will be answered through this process before a UGB amendment is approved. It is expected that properties with rural zoning added to the UGB will continue to obtain land use approval and building permits from Josephine County, and those with urban zoning already in the UGB will continue to obtain them from the City of Grants Pass. This will be decided through a public hearing process.
