Supplemental Materials #1 - Laserfiche WebLink

RE E I V E D 01-02-2020 ZVR xx-x (Conte) Additional application material #1 City of Eugene This material establishes that the Zone Verification approval process is not limited to evalua PIgning Division whether Table 9.2160 Commercial Zone Land Uses and Permit Requirements lists "P" (Permitted) under the "C-2" column for the "Drug Treatment Clinic - Non-residential" use. The City's approval process must "evaluate whether a proposed building or land use activity would be a ermitt~ed use or be subject to land use application approval or special standards applicable to the category of use and the zone of the subject ro ert (Underlining added.) Eugene Code ("EC") 9.1080 Zone Verification. Zone verification is used by the city to evaluate whether a proposed building or land use activity would be a permitted use or be subject to land use application approval or special standards applicable to the category of use and the zone of the subject property. The city may use zone verification as part of the review for a land use application or development permit, or where required by this land use code. As part of the zone verification, the planning and development director shall determine whether uses not specifically identified on the allowed use list for that zone are permitted, permitted subject to an approved conditional use permit or other land use permit, or prohibited, or whether a land use review is required due to the characteristics of the development site or the proposed, site. This determination shall be based on the requirements applicable to the zone, applicable standards, and on the operating characteristics of the proposed use, building bulk and size, parking demand, and traffic generation. Requests for zone verification shall be submitted on a form approved by the city manager and be accompanied by a fee pursuant to EC Chapter Z. Comprehensive plan policies, Statewide Planning Goals, Oregon Revised Statutes, and Federaf Regulations, all impose standards with which a use must conform, regardless of the local zoning provisions. Among these superseding regulations, Goal 2 Land Use Planning requires that: "City, county, state and federal agency and special district plans and actions related to land use shall be consistent with the comprehensive plans of cities and counties and regional plans adopted under ORS Chapter 268." DAR 650-015-0000(2) (Emphasis added.) The Oregon Supreme Court in Baker v. City of Mifwaukie (21 OR 500 (1975)) clarified the relationship of a zoning ordinance and the comprehensive plan, as well as the City's responsibility to ensure the zoning ordinance is consistent with the comprehensive plan. "Likewise, the City of Milwaukie, upon adopting a comprehensive plan, had a duty to implement that plan through the enactment of zoning ordinances in accordance therewith. "In summary, we conclude that a comprehensive plan is the controlling land use planning instrument for a city. Upon passage of a comprehensive plan a city assumes a responsibility to effectuate that plan and conform prior conflicting zoning ordinances to it. We further hold that the zoning decisions of a city must be in accord with that plan and a zoning ordinance which allows a more intensive use than that prescribed in the plan must fail." (Emphasis added.)