What Are Adjustments?

Adjustments provide flexibility to meet the goals of Salem’s zoning code while accommodating unique property conditions or unusual circumstances. They allow reasonable development of properties that might otherwise face challenges meeting specific standards.

Types of Adjustments

1.  Class 1 Adjustments
   • Allow limited deviations of up to 20 percent from numerical development standards.
2. Class 2 Adjustments
   • Allow deviations greater than 20 percent from numerical development standards or deviations from other types of development standards. 

How to Apply for Adjustments

Visit the Seek an Adjustment to Land Use Standards webpage for step-by-step instructions on applying for Class 1 or Class 2 adjustments. Detailed requirements are outlined in Salem Revised Code Chapter 250.

Approval Process for Adjustments

Applications for a Class 1 or Class 2 adjustment are processed as a Type II procedures under Salem Revised Code Chapter 300.

Approval Criteria

Class 1 Adjustments

Approval criteria for Class 1 adjustments are outlined in Salem Revised Code 250.005(d)(1), the following criteria must be met:

• The purpose of the development standard is either:
  • Clearly inapplicable to the proposed development, or
  • Clearly satisfied by the proposed development.
• The adjustment will not unreasonably impact surrounding existing or potential uses or developments.

Class 2 Adjustments

Approval criteria for Class 2 adjustments are outlined in Salem Revised Code 250.005(d)(2), the following criteria must be met:

• The purpose of the development standard is either:
  • Clearly inapplicable to the proposed development, or
  • Equally or better met by the proposed development.
• If located in a residential zone, the adjustment will not detract from the livability or appearance of the residential area.
•  If multiple adjustments are requested, the combined effect must result in a project that remains consistent with the overall purpose of the zone.

What Are Variances? 

A variance provides greater flexibility than an adjustment. It is granted when special conditions create unreasonable hardship or practical difficulty in developing the property under existing standards.

How to Apply for Variances

Visit the Seek a Variance to Land Use Standards webpage for detailed application instructions. Requirements for variances are outlined in Salem Revised Code Chapter 245.

Approval Process for Variances

Applications for variances are processed as Type III procedures under Salem Revised Code Chapter 300.

Approval Criteria

Variance approval criteria is provided in Salem Revised Code 245.005(d), the following criteria must be met:

• The physical characteristics of the land create an unreasonable hardship or practical difficulty.
• The variance will not cause harm to public health, safety, or welfare, or negatively affect nearby properties or improvements.

Planned Unit Developments 

A Planned Unit Development allows for more flexibility in site development standards, common areas, and open spaces than traditional zoning permits.

How to Apply for Planned Unit Developments

Visit the Planned United Development webpage webpage for step-by-step application instructions. Requirements for Planned Unit Developments are outlined in Salem Revised Code Chapter 210.

Approval Process for Planned Unit Developments

Applications for Planned Unit Development tentative plans are processed as a Type III procedures under Salem Revised Code Chapter 300.

Approval Criteria

To approve a Planned Unit Development tentative plan, the following criteria must be met:

• The plan complies with the development standards in Salem Revised Code 210.025(d).
• The plan includes one or more of the following:
  •  Recreational amenities appropriate to the size and character of the development.
  • Common open spaces for active or passive recreational use.
  • Preservation of significant natural or cultural features.
  • Unique or innovative designs that align with Salem’s Comprehensive Plan goals.

 If a retail or convenience service area is included, it must:

• Protect privacy and minimize noise for adjacent uses. 
• Provide safe access and minimize traffic impacts on nearby residential areas.

Overview of Senate Bill 1537

Senate Bill 1537, adopted in 2024, requires cities to allow adjustments to specific design and development standards. These adjustments aim to provide flexibility for housing developments and ensure that cities support housing production while maintaining reasonable design standards.

Why This Information Is Important

This content is important for developers and property owners in Salem who are planning housing projects. Understanding the implications of Senate Bill 1537 helps applicants know their rights and options when requesting adjustments to design or development standards. It also explains how the City of Salem processes these requests, ensuring transparency and clarity for those navigating the zoning and development process.

The City’s Exemption from Senate Bill 1537

Conditions of the Exemption

Although exempt, the City must meet specific conditions set by the state. These include:

• Provide notice informing current and future housing applicants of their legal right to request adjustments to design and development standards.
• Ensuring that all adjustment requests are reviewed and approved in a manner consistent with section 39 (2)(a) and (b) of Senate Bill 1537.

How the City Handles Adjustment Requests

The City of Salem continues to use its local review process to evaluate adjustment requests. Adjustments are allowed for all design and development standards, providing flexibility for housing projects.

• The City will continue to apply its local processes to review adjustment requests in lieu of the mandatory adjustment provision of SB 1537. The City allows adjustments to all development and design standards.

Submitting Adjustment Requests

Applicants can request one or more adjustments to standards. These requests may be consolidated under the City’s local procedures, as outlined in Salem Revised Code Chapter 300.120.

 

By understanding Senate Bill 1537 and the City’s exemption, housing developers can better navigate the adjustment process and ensure their projects comply with local and state requirements. For more information, applicants are encouraged to review the City’s zoning and development resources.