If you want to use your property in a way that is not allowed by its zoning, you might need to apply for a zone change.

You might also need to apply for a Comprehensive Plan Map change and/or Neighborhood Plan map change. You can consolidate your applications under Salem Revised Code (SRC) Chapter 300.

Procedure Type

An application for a quasi-judicial zone change 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, 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 265.005(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 quasi-judicial zone change 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.
• Transportation Planning Rule Analysis. Transportation Planning Rule (TPR) Analysis in consideration of the requirements of the Transportation Planning Rule (Oregon Administrative Rule 660-012-0060completed by a traffic engineer and submitted with the application. The analysis determines whether or not the proposed zone change will have a “significant effect on the transportation system.” If it does impact the system, the analysis determines how those effects will be mitigated. You will need to provide the analysis in order to demonstrate compliance with Statewide Planning Goal 12 – Transportation. (If the zone change application is submitted with a consolidated Comprehensive Plan map change application, only one analysis is required.)
• Existing Conditions Plan. The existing conditions plan must include the following information:
  
  • Title Block:
    
    • Type of application (i.e.,“Quasi-Judicial Zone Change Application”)
    • 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
• 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 quasi-judicial zone change SRC 265.005(e). The greater the impact of the proposed zone change on the area, the greater the burden on the applicant to demonstrate that the criteria are satisfied.
  
  • The zone change is justified based on the existence of one or more of the following:
    
    • A mistake in the application of a land use designation to the property
    • A demonstration that there has been a change in the economic, demographic, or physical character of the vicinity such that the proposed zone would be compatible with the vicinity's development pattern
    • A demonstration that the proposed zone is equally or better suited for the property than the existing zone. A proposed zone is equally or better suited for the property than an existing zone if the physical characteristics of the property are appropriate for the proposed zone and the uses allowed by the proposed zone are logical with the surrounding land uses
  • If the zone change is City-initiated and the change is for other than City-owned property, the zone change is in the public interest and would be of general benefit.
  • The zone change complies with the applicable provisions of the Salem Area Comprehensive Plan.
  • The zone change complies with applicable Statewide Planning Goals and applicable administrative rules adopted by the Department of Land Conservation and Development.
  • If the zone change requires a comprehensive plan change from an industrial designation to a non-industrial designation, or a comprehensive plan change from a commercial or employment designation to any other designation, a demonstration that the proposed zone change is consistent with the most recent economic opportunities analysis and the parts of the Comprehensive Plan which address the provision of land for economic development and employment growth; or be accompanied by an amendment to the Comprehensive Plan to address the proposed zone change; or include both the demonstration and an amendment to the Comprehensive Plan.
  • The zone change does not significantly affect a transportation facility, or, if the zone change would significantly affect a transportation facility, the significant effects can be adequately addressed through the measures associated with, or conditions imposed on, the zone change.
  • The property is currently served, or is capable of being served, with public facilities and services necessary to support the uses allowed by the proposed zone.