There are some land uses that are allowed in zones only if you get a permit called a conditional use permit. This type of permit is required for conditional uses, which are land uses that, while similar to other uses allowed in a zone, may have negative impacts on the surrounding area. A public hearing and review are therefore required to determine if conditions are needed to minimize those impacts.

Conditional use review also applies to the following circumstances:

• Expansion or relocation of an existing conditional use
• Changing a conditional use to another conditional use
• Alternation or enlargement of a building or structure devoted to a conditional use

Procedure Type

An application for a conditional use is processed following the Type III application procedures under SRC Chapter 300.

Process

• Pre-application conference. You must request a pre-application conference prior to submitting your application.
• Neighborhood Association Contact. Neighborhood association contact, pursuant to SRC 300.310, is required prior to submitting this land use application. Prior to submitting a land use application requiring neighborhood association contact, the applicant shall contact the City-recognized neighborhood association(s) whose boundaries include, or are adjacent to, the subject property via e-mail or mailed letter. The e-mail or mailed letter shall be sent to the chair(s) and land use chair(s) of the applicable neighborhood association(s) prior to submitting the land use application and contain the following information:
  
  • The name, telephone number and e-mail address of the applicant;
  • The address of the subject property;
  • A summary of the proposal;
  • A conceptual site plan, if applicable, that includes the proposed development; and
  • The date on which the e-mail or letter is being sent.
• Application. You must submit all required items listed in the application checklist section below to the Permit Application Center Portal.
  
• Completeness review. Staff reviews your application for completeness. If the application is not complete, you will be notified as to what information is missing and will have 180 days to submit the additional information. You may track the status of your application online at the City of Salem permit tracking webpage.
• Hearing date and notice. Once a complete application is submitted, staff sets the date for a public hearing with the Hearings Officer and sends notice of hearing to the applicant, property owner, neighborhood association and property owners within 250 ft., all addresses within 250 ft., all addresses on the subject property and any active and duly incorporated Homeowner's Association (HOA) involving the subject property.
• Posting signs. Staff prepares posting sign(s) and sends notice of posting requirements to the applicant. The applicant must post the sign(s) along street frontage(s) of property 10-14 days prior to hearing.
• Public hearing. The Hearings Officer holds a public hearing. Staff presents a staff report, followed by testimony from applicant, neighborhood association representative, proponent(s), opponent(s) and rebuttal.
• Decision. The Hearings Officer will make a decision based upon whether the proposal meets the applicable criteria for a quasi-judicial zone change under SRC 240.005(e).
• Notice of decision. Staff sends a copy of the decision (noting 15-day appeal period) to the applicant, property owner, neighborhood association and anyone who submitted testimony for the record prior to the close of the public hearing. If no appeal is filed and the City Council does not initiate review of the application, the zone change decision becomes effective.

Application Checklist

An application for a conditional use permit must contain the following:

• Land use application form. The land use application form must be signed by the applicant(s), property owner(s) and/or duly authorized representative(s). If the applicant and/or property owner is a Limited Liability Company (LLC), please also provide a list of all members of the LLC with your land use application. The land use form will be generated for you when you submit through the Permit Application Center Portal. You will be required to sign the application that is created and upload the signed form.
• Land use application fee. You must pay the application fee when you file your application.
• Recorded deeds. You must submit a copy of the recorded deeds for the existing units of land.
• Pre-Application Written Summary. You must submit a copy of the written summary of the pre-application conference that the Planning Division sent to you after the conference, or a copy of the pre-application conference waiver, if granted.
• Homeowners Association Information. A statement indicating whether the subject property is subject to an active and duly incorporated Homeowner's Association (HOA) registered with the Oregon Secretary of State. If so, the applicant shall provide the HOA name, name of the registered agent and the mailing address for the registered agent.
• Trip Generation Estimate (TGE) Form. You must complete the applicant portion of the TGE form and upload it with your land use application. Staff will decide whether or not a Transportation Impact Analysis (TIA) is necessary.
  
  • If a TIA is not required, you must submit the completed and approved TGE form with your application.
  • If a TIA is required, the TIA must be completed and approved by Public Works prior to completion of all land use applications.
• Existing Conditions Plan. The existing conditions plan must include the following information:
  
  • Title Block:
    
    • Type of application (i.e.,"Conditional use permit")
    • Date
    • Applicant’s name
    • Location of subject property
    • Scale
    • Directional (north) arrow
  • Total site area, dimensions, and orientation relative to north
  • Location of existing structures and other improvements on the site, including accessory structures, fences, walls, and driveways, noting their distance from property lines
  • Location of drainage patterns and drainage courses, if applicable
• Site plan. The site plan must include the following information:
  
  • Title Block:
    
    • Type of application (i.e.,"Conditional Use Application")
    • Date
    • Applicant’s name
    • Location of subject property
    • Scale
    • Directional (north) arrow
  • Total site area, dimensions and orientation relative to north
  • Location of proposed primary and accessory structures and other improvements, including fences, walls, and driveways, indicating distance to such structures from property lines and adjacent on-site structures
  • Loading areas, if included with proposed development
  • All proposed landscape areas on the site, with an indication of square footage and as a percentage of site area
  • Location, height and material of fences, buffers, berms, walls and other proposed screening as they relate to required buffer yards and landscaping
  • Location of all trees and vegetation required to be protected pursuant to SRC Chapter 808
    Identification of vehicle, pedestrian and bicycle parking and circulation areas, including handicap
• Neighborhood Association Contact. A copy of the required e-mail or letter to the neighborhood association, and a list of the e-mail or postal addresses to which the e-mail or letter was sent shall be submitted or the land use application will not be accepted.
• Written Statement. You must provide a written statement describing the proposal and how it conforms to the following approval criteria for a conditional use SRC 240.005(e):
  
  • The proposed use is allowed as a conditional use in the zone.
  • The reasonably likely adverse impacts of the use on the immediate neighborhood can be minimized through the imposition of conditions.
  • The proposed use will be reasonably compatible with and have minimal impact on the livability or appropriate development of surrounding property.