Adjustments provide an alternative way to meet the purposes of Salem’s zoning code and provide flexibility to allow reasonable development of property where special conditions or unusual circumstances exist.

There are two types of adjustments. Class 1 adjustments allow limited deviations of up to 20 percent from numerical development standards. Class 2 adjustments allow deviations of more than 20 percent from numerical development standards or deviations from other types of development standards.

The Seek an Adjustment to Land Use Standards webpage provides step-by-step instructions on how to apply for a Class 1 or Class 2 adjustment. Requirements for adjustments are in Salem Revised Code (SRC) Chapter 250.

Approval Process

An application for a Class 1 or Class 2 adjustment is processed as a Type II procedure under SRC Chapter 300.

Approval Criteria

Class 1 Adjustment approval criteria is provided in SRC 250.005(d)(1):

• The purpose underlying the specific development standard proposed for adjustment is:
  • Clearly inapplicable to the proposed development; or
  • Clearly satisfied by the proposed development.
• The proposed adjustment will not unreasonably impact surrounding existing or potential uses or development.

Class 2 Adjustment approval criteria is provided in SRC 250.005(d)(2):

• The purpose underlying the specific development standard proposed for adjustment is:
  • Clearly inapplicable to the proposed development; or
  • Equally or better met by the proposed development.
• If located within a residential zone, the proposed development will not detract from the livability or appearance of the residential area.
• If more than one adjustment has been requested, the cumulative effect of all the adjustments results in a project which is still consistent with the overall purpose of the zone.

A variance allows for flexibility, adaptability, and reasonableness in the application and administration of Salem’s zoning code where special conditions exist that create an unreasonable hardship or practical difficulty that limit the suitability of land for development.

The Seek a Variance to Land Use Standards web page provides step-by-step instructions on how to apply for a variance. Requirements for variances are contained in SRC Chapter 245.

Approval Process

An application for a variance is processed as a Type III procedure under SRC Chapter 300.

Approval Criteria

Variance approval criteria is provided in SRC 245.005(d):

• There is an unreasonable hardship or practical difficulty created by the physical characteristics of the land.
• The variance will not result in adverse effects that are unreasonably detrimental to the public health, safety, and welfare or to property or improvements in the vicinity.

A planned unit development (PUD) provides a means to develop property with greater latitude in site development standards, common areas and open space than is allowed through traditional zoning. 

The Planned United Development webpage provides step-by-step instructions on how to apply for a PUD. Requirements for PUDs are contained in SRC Chapter 210.

Approval Process

An application for a PUD tentative plan is processed as a Type III procedure under SRC Chapter 300.

Approval Criteria

PUD tentative plan approval criteria is provided in SRC 210.025(d):

• The PUD tentative plan conforms to the development standards of this chapter.
• The PUD tentative plan provides one or more of the following:
  • Common open space that will be improved as a recreational amenity and that is appropriate to the scale and character of the PUD considering its size, density, and the number and types of dwellings proposed. Examples of recreational amenities include, but are not limited to, swimming pools, golf courses, ball courts, children's play areas, picnic and barbeque facilities, and community gardens
  • Common open space, which may be landscaped and/or left with natural tree cover, that is permanently set aside for the passive and/or active recreational use of the residents of the PUD and that is appropriate to the scale and character of the PUD considering its size, density, and the number and types of dwellings proposed. Examples of passive and/or active recreational use include, but are not limited to, community gardens, commons, and private parks
  • Common open space that will preserve significant natural or cultural features
  • Unique or innovative design concepts that further specific identified goals and policies in the Salem Area Comprehensive Plan.
• If a retail service area or a convenience service area is proposed, the area is designed to:
  • Adequately provide for privacy and minimize excessive noise on adjacent uses
  • Provide for adequate and safe ingress and egress
  • Minimize the impact of vehicular traffic on adjacent residential uses

Senate Bill 1537

Senate Bill 1537, adopted in 2024, requires cities to grant adjustments to specific design and development standards. However, the City requested and received an exemption from the state’s Housing Accountability and Production Office (HAPO).

• HAPO approved the City's request for an exemption to the mandatory adjustment provisions of Senate Bill 1537 (2024 Session) in April 2025. Under the approval with conditions, the City is required to provide a notice to existing and prospective applicants for the development of housing, informing them of their legal entitlement to request adjustments to design or development standards as well as the obligation by the City to review and approve adjustments consistent with section 39 (2)(a) and (b) of Senate Bill 1537.
• 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.
• Applicants may apply for one or more adjustments, which may be consolidated pursuant to SRC Chapter 300.120.