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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:

(1) Where the boundaries are indicated as approximately following street lines, alley lines or lot lines, those lines shall be construed to be the boundaries.

(2) In the case of unsubdivided property where a zone boundary divides a lot, the location of the boundaries, unless they are indicated by dimensions, shall be determined based on the proposed subdivision, location of future public ways, and natural resource features.

(3) Areas of public ways and railroad right-of-way, other than those designated on the zoning map, shall be deemed to be unzoned and, in the case of railroad right-of-way, shall be permitted to be used solely for the purpose of accommodating tracks, signals, other operative devices and the movement of rolling stock.

(4) Public way that is officially vacated is zoned consistent with the zone of the property to which the vacated area is attached, including any overlay zone.

(5) Upon written notification from the owner that railroad right-of-way has been abandoned as railroad right-of-way, no new use shall be allowed and no development permit shall be issued until the property is zoned according to this land use code. Abandoned railroad right-of-way is automatically determined to have the same zone as the property to which the abandoned railroad right-of-way is attached, including any overlay zones.

(Section 9.1070, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)