Land Use Chairs

Answer Key

Do you know . . .

A. What to do with the notices and applications that you receive from the planning division?

Be prepared that neighbors may call you for more information or to give their opinion about land use applications and issues. Discuss them with your land use committee and neighborhood association board. Send written comments to the address listed on the notice, or call the number listed to ask questions or comment verbally. If you have verbal comments to make on behalf of the neighborhood association, or just want to observe, attend the meeting listed on the notice.

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B. The various avenues for providing neighborhood association input on development proposals?

Neighborhood Chairs and Land Use Chairs will receive a request for comments on most limit land use and all land use applications (i.e., partitions, subdivisions, variances, conditional and specific conditional uses, zone changes, Comprehensive Plan Changes (with or without a zone change, annexations, etc.). Request for comments are sent out usually a few days after a land use application is deemed complete. Developers are also encouraged to contact neighborhood associations before submitting applications.

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C. The maximum amount of time the state law allows for a final decision to be made on an applicaiton for a permit, limited land use decision, or zone change?

Under state statues, final action on land use applications must be completed within 120 days from submission of complete application (through the end of the appeal process).

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D. What Salem Futures is?

The Salem Futures project is a comprehensive review of the City's long-range vision and the development of a Preferred Alternative for the land use and transportation elements in the Salem-Keizer Urban Area. Phase III is the beginning of the implementation for the Salem Futures Preferred Alternative which will update the Salem Area Comprehensive Plan.

The public involvement for this project includes: establishing a Citizen Advisory Committee (CAC), an Executive Committee, and a Technical Committee; presentations to the neighborhood associations; Neighborhood Workshops; Focus Groups; community questionnaires; numerous community-wide Town Hall meetings; and work sessions and public hearings held by Planning Commission and City Council.

On April 5, 2004, the Salem City Council established a Council Committee to work on the implementation of Salem Futures and the required tasks of the Periodic Review Work Program.

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E. Which types of land use cases are decided by the Planning Administrator, Hearings Officer, Planning Commission, Urban Growth Area Development Review Committee, Design Review Committee, the City Council, and the Land Use Board of Appeals?

The Planning Administrator makes decisions on zoning adjustments; land divisions such as subdivisions, partitions, replats, property line adjustments and verifications; Planned Unit Developments (PUD); Manufactured Dwelling Park Permits; and Tree Conservation Plans/Tree Plan Exceptions and Variances.

The Hearings Officer makes decisions on zoning variances, signs variances, conditional/specific conditional uses, zone changes not requiring Comprehensive Plan Change; and hears appeals on Zoning Adjustments, Tree Conservation Plan Decisions, Tree Plan Exceptions and Variances.

The Planning Commission make decisions on zone changes with Comprehensive Plan Change and hears appeals on Design Review Board decisions; Hearings Officer's decision on zoning variances; sign variances, conditional/specific conditional uses; zone changes not requiring Comprehensive Plan Change; and administrative (Planning Administrator) decisions on partitions, subdivisions, Planned Unit Developments, and Manufactured Dwelling Park Permits.

Urban Growth Area Development Review Committee makes decisions on Urban Growth Area Declarations and Permits.

Design Review Board: Design Review Decisions

City Council hears appeals on zone changes with Comprehensive Plan Change and Urban Growth Area Declarations and Permits. Regardless of whether or not an appeal is filed, the City Council may, by majority vote, initiate review ("call up') of a Planning Commission, Planning Administrator, or Hearings Officer decision.

Land Use Board of Appeals (State of Oregon) has the authority to hear appeals on all land use decision appeals, after local appeal processes have been completed.

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F. What the Land Use Network is, when it meets, and how to add an agenda item to one of its meetings?

The Land Use Network is a group of neighborhood association volunteers who meet to discuss land use concerns, ask questions of staff, and learn about land use issues relevant to all neighborhood associations. Meetings are each 4th Wednesday of the month. Call Parks, Recreation, and Community Services at 503-588-6261 to be added to the mailing list. Call chairperson Susann Kaltwasser for more information at 503-363-3998.

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G. What the Urban Growth Boundary (UGB) is?

The Urban Growth Boundary is a boundary that was established to identify and separate urbanizable land from rural land. Establishment and change of the boundaries are based upon considerations of: (1) demonstrated need to accommodate long-range urban population growth requirements consistent with Land Conservation and Development Commission (LCDC) goals; (2) the need for housing, employment opportunities, and livability; (3) the orderly and economic provision for public facilities and services; (4) maximum efficiency of land uses within and on the fringe of the existing urban area; (5) consideration of environmental, energy, economic and social consequences; (6) the retention of agricultural land; and, (7) compatibility of the proposed urban uses with nearby agricultural activities.

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H. What the Urban Service Area (USA) is?

The Urban Service Area is that portion of the Salem urban area where required facilities are in place or fully committed. Under SRC 66.030, the City Council may, by ordinance, designate an Urban Service Area (USA) following the adoption of a capital improvement plan and upon consideration of the extent to which the five public facilities (i.e., major and minor facilities for water, sewer, storm drainage, transportation and parks, required under SRC Chapter 66 - Urban Growth Management) are in place or fully committed. Public facilities within the USA will be constructed by the city consistent with the scheduling and funding of such facilities in the capital improvement plan. Development may occur anywhere in the USA upon annexation if all required facilities adequate to serve the development are in place or constructed and accepted by the city. Development proposed outside the USA, or inside the USA if development precedes city construction of required facilities, requires an Urban Growth Area Development Permit and must conform to the requirements of SRC 66.050 through SRC 66.195.

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I. What the general process is for annexing a property into Salem?

The City Charter requires voter approval of annexations except when annexation contracts were signed before this charter amendment, or when annexations are necessitated by failing septic systems or health hazards, or when annexations are mandated by state law. (Approved by a vote of the people on May 16, 2000, Ballot Measure 24-34)

Under the current annexation process, a pre-application conference is required before an application for annexation into the City is accepted. The current deadline for annexation application is January 1. As part of the application, the developer and/or owner of the property being annexed must submit a detailed site map and any requests for a Comprehensive Plan change with or without a zone change. A hearing on the proposed annexation is scheduled before the Planning Commission for the purpose of making a recommendation to the City Council regarding the appropriate zoning for the property being annexed. The Planning Commission's recommendations along with a City staff assessment of fiscal impact on the city general revenue fund are forwarded to the City Council for consideration. The City Council then convenes a public hearing on whether or not to refer the annexation to the voters, usually for a November election. If the annexation is referred to the voters and the vote is successful, an ordinance bill is drafted.

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J. What the function of the Tree Ordinance (SRC Chapter 68) is and whom it impacts?

The purpose of SRC Chapter 68 is to regulate the removal of trees and vegetation in order to preserve the wooded character of the City and to protect trees and vegetation as natural resources of the City. Currently, this ordinance impacts property owners with land more than 20,000 square feet in area where more than five (5) trees or fifteen (15) percent of the tree on the property are to be removed; trees and vegetation within riparian corridors; and land with heritage, rare, threatened or endangered trees of any size.

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K. What information is available at the Permit application Center?

Information on land use applications, building permits, and subdivision and zoning code information is available at the Permit Application Center. A planner is either on duty or on call to response to questions regarding the subdivision and zoning codes; provide material for submitted limited land use and land use applications; and to take in application. The Permit Application Planner may be reached at 503-588-6256.

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L. What information can be found online on the Community Development website?

The Salem Subdivision and Zoning Codes; zoning maps; information on the status of land use applications and building permits; the 2003 Development Design Handbook; Data Reports; information on the Historic Landmarks Commission; and proposed text amendments to the Salem Zoning Code. This information may be found on the City's Planning Division website.

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M. How to present testimony on a land use case based on relevant criteria?

When presenting public testimony before the hearing body (e.g., City Council, Planning Commission, Historic Landmarks Commission, etc.) comments should reference the applicable criteria for matter that is under consideration for a hearing body. For assistance on what criteria apply and on how to present testimony on a land use case, contact the Planning Division at 503-588-6173 and talk to a planner, or contact the Assistant Urban Planning Administrator at 503-588-6173, x7507.

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N. Whom to call if you have a land use question?

Call the Urban Planning Administrator at 503-588-6173, x7507.

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