Land in Eugene is zoned to provide areas suitable for certain types of development. Each zone provides a set of regulations governing the uses, lot size, building setbacks, height, and other development regulations. Property may also be subject to an overlay zone. The overlay establishes additional regulations beyond the base zone to address specific community objectives, such as protection of environmentally sensitive areas or improving the efficient use of public transit. In some cases, overlays may provide an exception to the standard regulations for the base zone.

The broad purpose of zoning regulations is to protect and promote the public health, safety, and welfare, and to provide the economic, social and environmental advantages which result from an orderly, planned use of land resources. Such regulations generally are designed to implement the, comprehensive plan, Growth Management Study and other applicable adopted plans and policies.

The city does not enforce any easement, covenant or other agreement between private parties, nor is this land use code generally intended to abrogate, annul, or impair such easements, covenants or agreements. In those instances where zoning regulations impose a greater restriction or higher standard than required by an easement, covenant or other agreement between private parties, or where the zoning regulations otherwise conflict with those private party agreements, the zoning regulations shall control.

The zones listed in Table 9.1030 Zones are established as follows:

The overlay zones listed in Table 9.1040 Overlay Zones are established as follows:

The zoning classifications shown in Table 9.1045 Reclassification of Zones are reclassified effective on the date indicated in the Table.

Zone boundaries shall be depicted on an official map titled, “Eugene Zoning Map.” Overlay zone boundaries shall be indicated on the “Eugene Zoning Map,” or on an official map titled, “Eugene Overlay Zone Map.” The text of this land use code may include a boundary description or list of uses subject to overlay zone regulations. The “Eugene Zoning Map” and “Eugene Overlay Zone Map” may be divided into geographic units for convenience of use and to more readily identify locations on the map. Where the text of a zone change decision or the text of this land use code specifically define boundaries (such as the TD or CAS overlay zones), conflicts between that text and map boundaries shall be resolved in favor of the text.

Unless automatically changed upon annexation pursuant to EC 9.7820, changes in zone boundaries or overlay zone boundaries shall be processed pursuant to the Type III Application Procedures (EC 9.7300 – 9.7340) or, if processed concurrently with a refinement plan, code or comprehensive plan amendment shall follow the applicable procedure for each type of amendment. Decisions shall be based on the criteria contained in EC 9.8865 Zone Change Approval Criteria.

Where uncertainty exists as to the boundary of any zone or overlay zone as shown on the “Eugene Zoning Map” or “Eugene Overlay Zone Map,” the planning director shall apply the following rules to make a determination of a boundary:

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 2.

Nonconforming lots or parcels, uses, and structures are detrimental to the orderly development and general welfare of citizens and property. This land use code provides for the orderly termination of legal nonconforming situations in order to promote the public health, safety, and general welfare, and bring these lots, uses, or structures into compliance with this land use code. Sections 9.1210 through 9.1230 are intended to:

Lots or parcels legally created but which do not now conform to the legal lot standards in this land use code may be occupied by uses otherwise permitted if those uses will comply with all other provisions of this land use code.

A use that was legally established on a particular development site but that no longer complies with the allowed uses or the standards for those uses in this land use code is considered a legal nonconforming use. Change of ownership, tenancy, or management of a legal nonconforming use shall not affect its legal nonconforming status. The continuation of a legal nonconforming use is subject to the following:

A structure that was legally established but no longer conforms to all development standards of this land use code (such as height or setbacks) is considered a legal nonconforming structure. Notwithstanding development standard requirements in this code, minor repairs and routine maintenance of a legal nonconforming structure are permitted. The continuation of a legal nonconforming structure is subject to the following:

The uses listed in Table 9.1240 Legal Pre-Existing Uses shall be considered to be pre-existing uses. These uses may continue, and are not subject to the provisions of sections 9.1200 through 9.1230. Determinations as to whether a particular use qualifies as a pre-existing use shall be made by the planning commission.

The structures listed in Table 9.1245 Legal Pre-Existing Structures shall be considered to be pre-existing as long as such structures were legally established. These structures may continue, and are not subject to the provisions of sections 9.1200 through 9.1230. Determinations as to whether a particular structure qualifies as a pre-existing structure shall be made by the Planning Director.