Eureka City Zoning Code

In order to assure orderly growth and development of Eureka and to protect the general interest of the taxpayers as well as the rights of individual property owners who wish to annex to the City, the City Council hereby adopts by reference the procedures specified by U.C.A. 10-2-401, et seq. which shall govern the annexation of land(s) into Eureka City.

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025

1. It is the policy of Eureka City that annexed land be contiguous to the boundaries of Eureka City; and that annexed lands be generally amenable to and consistent with the extension of existing roads, utilities, and property lines in order to provide orderly growth and development and to minimize the expense for extension of main or service lines and streets.
2. It is also the policy of Eureka City that those who subdivide and develop land shall provide for the financing of improvements to annexed lands. Said financing shall be secured by a cash bond deposited with, or by a letter of credit obtained through, a chartered financial institution in Utah; or through a special improvement district which appropriately attaches added public facility and servicing costs to newly developed properties.
3. Eureka City utilities and services shall not be extended to unincorporated properties on the fringes of the City nor to islands of unincorporated property unless the City Council, by resolution, sets forth the reasons why it is in Eureka City's interest to do so. The only exceptions shall be to those extensions which are made pursuant to agreements with other units of government under the Interlocal Government Cooperation Act.
4. An owner annexing property will be responsible for paying all charges and fees which offset the cost to Eureka City of administering, planning, annexing, subdividing, and providing utilities and services to newly annexed lands.
5. Eureka City shall retain the sole and exclusive right to determine it: when, where, and under what budgetary conditions and restraints, the City shall annex property or provide utility extensions or services to annexed properties. In all cases, the costs of providing utility and roadway extensions, and related City services shall be borne by and chargeable to the property owner or developer specifically, rather than to the public generally.

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025

1. When initiated by the owner of contiguous property, a petition for annexation in the form and meeting the criteria established by Utah Statutory law may be submitted to Eureka City.
2. Attached to and as a part of the petition shall be a certified survey plat and legal description of the property, in each individual ownership, which is requesting annexation.
3. There shall also be attached a full disclosure statement of any and all water owned or historically utilized on the property to be annexed and a statement from the owner of the water as to the estimate of value of the water which the owner proposes to sell to Eureka City as a condition of annexation.
4. Also attached to the petition shall be a written statement as to the anticipated timetable for development of the property being annexed.
5. It shall be the policy of Eureka City, upon recommendation by the Planning Commission, to annex areas contiguous to its boundaries, or areas constituting defacto islands which may lie within, adjacent, or proximate to the City; or areas in which municipal types of services or utilities have been provided for a period in excess of one year, with or without receipt of a petition from the property owners, as provided under U.C.A 10-2-401, et seq. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025

Inasmuch as the annexation of property into the City will ultimately require that the City supply water resources to the annexed area, the City shall require that all culinary, irrigation, and well­water rights historically used on the land be tendered as a condition of annexation to Eureka City. When such water or water rights are tendered to the City, the City shall purchase the aforesaid water for market value at a time and in a manner determined to be reasonable by the Eureka City Council. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025

All land annexed to Eureka City shall be zoned under the Sensitive Lands (SL) Zone which is the most restrictive land use zone in Eureka City. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025

Annexed land( s) shall remain in the SL Zone until the Planning Commission recommends and the City Council approves a portion or all of the land to be rezoned to an alternative zone which is deemed by the Planning Commission and the City Council to be compatible and consistent with the intended use or development of land(s) annexed to Eureka City. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025