ZVR xx-x (Conte) Additional application material #1 <br />This material establishes that the Zone Verification approval process is not limited to evaluating only <br />whether Table 9.2160 Commercial Zone Land Uses and Permit Requirements lists "P" (Permitted) <br />under the "C-2" column for the "Drug Treatment Clinic - Non-residential" use. <br />The City's approval process must "evaluate whether a proposed building or land use activity would be a <br />permitted use or be subject to land use application approval or special standards applicable to the <br />category of use and the zone of the subject Property". (Underlining added.) <br />Eugene Code ("EC") 9.1080 Zone Verification. Zone verification is used by the city to evaluate <br />whether a proposed building or land use activity would be a permitted use or be subject to land use <br />application approval or special standards applicable to the category of use and the zone of the <br />subject property. The city may use zone verification as part of the review for a land use application <br />or development permit, or where required by this land use code. As part of the zone verification, <br />the planning and development director shall determine whether uses not specifically identified on <br />the allowed use list for that zone are permitted, permitted subject to an approved conditional use <br />permit or other land use permit, or prohibited, or whether a land use review is required due to the <br />characteristics of the development site or the proposed site. This determination shall be based on <br />the requirements applicable to the zone, applicable standards, and on the operating characteristics <br />of the proposed use, building bulk and size, parking demand, and traffic generation. Requests for <br />zone verification shall be submitted on a form approved by the city manager and be accompanied <br />by a fee pursuant to EC Chapter 2. <br />Comprehensive plan policies, Statewide Planning Goals, Oregon Revised Statutes, and Federal <br />Regulations, all impose standards with which a use must conform, regardless of the local zoning <br />provisions. <br />Among these superseding regulations, Goal 2 Land Use Planning requires that: <br />"City, county, state and federal agency and special district plans and actions related to land use <br />shall be consistent with the comprehensive plans of cities and counties and regional plans <br />adopted under ORS Chapter 268." OAR 660-015-0000(2) (Emphasis added.) <br />The Oregon Supreme Court in Baker v. City of Milwaukie (21 OR 500 (1975)) clarified the relationship of <br />a zoning ordinance and the comprehensive plan, as well as the City's responsibility to ensure the zoning <br />ordinance is consistent with the comprehensive plan: <br />"Likewise, the City of Milwaukie, upon adopting a comprehensive plan, had a duty to implement <br />that plan through the enactment of zoning ordinances in accordance therewith. <br />"In summary, we conclude that a comprehensive plan is the controlling land use planning <br />instrument for a city. Upon passage of a comprehensive plan a city assumes a responsibility to <br />effectuate that plan and conform prior conflicting zoning ordinances to it. We further hold that the <br />zoning decisions of a city must be in accord with that plan and a zoning ordinance which allows a <br />more intensive use than that prescribed in the plan must fail." (Emphasis added.) <br />