The purpose of this chapter is to provide a unified, consistent and efficient means to conduct site plan review for development activity that requires a building permit, to ensure that such development meets all applicable standards of the UDC, including, but not limited to, standards related to access, pedestrian connectivity, setbacks, parking areas, external refuse storage areas, open areas, landscaping, and transportation and utility infrastructure.

(Prior Code, § 220.001; Ord. No. 12-12)

(a)

Applicability.

(1)

Except as provided in subsection (a)(2) of this section, site plan review approval is required:

(A)

Prior to issuance of a building permit, for any development that requires a building permit;

(B)

Prior to a change of use, when a building permit is not otherwise required; and

(C)

Prior to commencement of work, for any of the following when a building permit is not otherwise required:

(i)

Development of a new off-street parking or vehicle use area;

(ii)

Expansion of an existing off-street parking or vehicle use area, when additional paved surface is added;

(iii)

Alteration of an existing off-street parking or vehicle use area, when the existing paved surface is replaced with a new paved surface;

(iv)

Paving of an unpaved area, unless there are no development standards applicable to the proposed paved area such as stormwater standards or development site landscaping;

(v)

Restriping of an off-street parking or vehicular use area, when the layout will be reconfigured but not including when existing parking spaces are removed or when existing parking spaces are converted to ADA parking spaces and the location of driveways, drive-aisles, and other parking spaces is not changed; and

(vi)

Development of a gravel outdoor storage area within the IG zone.

(2)

Exemptions.

(A)

The following development that requires a building permit is exempt from site plan review:

(i)

Development of a single family use, two family use, three family use, four family use, or cottage cluster on an individual lot, including the construction of accessory structures and paving associated with such uses.

(ii)

Sign installation.

(iii)

Ordinary maintenance or repair of existing buildings, structures, utilities, landscaping, and impervious surfaces, and the installation or replacement of operational equipment or fixtures.

(iv)

The alteration to the facade of a building, except in those zones or overlay zones that include design standards to regulate the appearance of a building, such as ground floor building height, building façade articulation, building entrance location, amounts of ground or upper floor windows, or provision of weather protection, unless none of the design standards are applicable to the proposed façade alteration.

(v)

Interior construction or tenant improvements that involve no change of use or occupancy.

(vi)

Demolition permit.

(vii)

Construction of a fence or retaining wall.

(B)

Any of the activities identified under subsection (a)(1)(C) of this section are exempt from site plan review if they are for a single family use, two family use, three family use, four family use, or cottage cluster on an individual lot.

(b)

Classes. The three classes of site plan review are:

(1)

Class 1 site plan review. Class 1 site plan review is site plan review for any development under subsection (a)(1) of this section that does not involve a land use decision or limited land use decision, as those terms are defined in ORS 197.015, and that involves either:

(A)

A change of use or change of occupancy where only construction or improvements to the interior of the building or structure are required; or

(B)

A change of use when a building permit is not otherwise required.

(2)

Class 2 site plan review. Class 2 site plan review is site plan review for any development under subsection (a)(1) of this section, other than development subject to Class 1 site plan review, that does not involve a land use decision or limited land use decision, as those terms are defined in ORS 197.015.

(3)

Class 3 site plan review. Class 3 site plan review is site plan review for any development under subsection (a)(1) of this section that involves a land use decision or limited land use decision, as those terms are defined in ORS 197.015. As used in this subsection, land use decisions and limited land use decisions include, but are not limited to, any development application that:

(A)

Requires a transportation impact analysis pursuant to SRC chapter 803;

(B)

Requires deviation from clear and objective development standards of the UDC relating to streets, driveways or vision clearance areas;

(C)

Proposes dedication of right-of-way which is less than the requirements of the Salem Transportation System Plan;

(D)

Requires deviation from the clear and objective standards of the UDC and where the Review Authority is granted the authority to use limited discretion in deviating from the standard;

(E)

Involves the imposition of conditions of approval;

(F)

Requires a variance, adjustment, or conditional use permit; or

(G)

Requires a floodplain mitigation assessment in accordance with SRC 601.100.

(c)

Procedure type.

(1)

Class 1 site plan review is processed as a Type I procedure under SRC chapter 300.

(2)

Class 2 site plan review is processed as a Type I procedure under SRC chapter 300.

(3)

Class 3 site plan review is processed as a Type II procedure under SRC chapter 300.

(4)

An application for site plan review may be processed concurrently with an application for a building permit; provided, however, the building permit shall not be issued until site plan review approval has been granted.

(d)

Submittal requirements for Class 1 site plan review. In lieu of the application submittal requirements under SRC chapter 300, an application for a Class 1 site plan review shall include a completed application form that shall contain the following information:

(1)

The names and addresses of the applicant(s), the owner(s) of the subject property, and any authorized representative(s) thereof;

(2)

The address or location of the subject property and its assessor's map and tax lot number;

(3)

The size of the subject property;

(4)

The comprehensive plan designation and zoning of the subject property;

(5)

The type of application(s);

(6)

A brief description of the proposal; and

(7)

Signatures of the applicant(s), owner(s) of the subject property, and/or the duly authorized representative(s) thereof authorizing the filing of the application(s).

(e)

Submittal requirements for Class 2 and Class 3 site plan review.

(1)

Class 2 site plan review. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for Class 2 site plan review shall include the following:

(A)

A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:

(i)

The total site area, dimensions, and orientation relative to north;

(ii)

The location of all proposed primary and accessory structures and other improvements, including fences, walls, and driveways, indicating distance from the structures and improvements to all property lines and adjacent on-site structures;

(iii)

Loading areas, if included in the proposed development;

(iv)

The size and location of solid waste and recyclables storage and collection areas, and amount of overhead clearance above such enclosures, if included in the proposed development;

(v)

An indication of future phases of development on the site, if applicable;

(vi)

All proposed landscape areas on the site, with an indication of square footage and their percentage of the total site area;

(vii)

The location, height, and material of fences, berms, walls, and other proposed screening as they relate to landscaping and screening required by SRC chapter 807;

(viii)

The location of drainage patterns and drainage courses, if applicable;

(ix)

The location of all trees and vegetation required to be protected pursuant to SRC chapter 808;

(x)

The location of all street trees, if applicable, or proposed location of street trees required to be planted at time of development pursuant to SRC chapter 86;

(xi)

Driveway locations, public and private streets, bike paths, transit stops, sidewalks, and other bike and pedestrian pathways, curbs, and easements;

(xii)

Identification of vehicle, pedestrian, and bicycle parking and circulation areas, including handicapped parking stalls, disembarking areas, accessible routes of travel, and proposed ramps.

(B)

An existing conditions plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:

(i)

The total site area, dimensions, and orientation relative to north;

(ii)

The location of existing structures and other improvements on the site, including accessory structures, fences, walls, and driveways, noting their distance from property lines;

(iii)

The type, size, and location of all existing trees on the property, with an identification of those trees that will be preserved and those trees that will be removed; and

(iv)

The location of the 100-year floodplain, if applicable.

(C)

A tree plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:

(i)

The total site area, dimensions, and orientation relative to north;

(ii)

The location of all existing trees, indicating their species, DBH, critical root zone, and whether they will be preserved or removed;

(iii)

The location of all new trees proposed to be planted on the development site, indicating their species and caliper at the time of planting;

(iv)

The perimeter and soil depth of all proposed tree planting areas;

(v)

The location of all existing and proposed primary and accessory structures;

(vi)

The location of all existing and proposed parking and vehicle use areas; and

(vii)

For developments that include more than one-half acre of new off-street surface parking, the tree plan shall include the expected tree canopy area after 15 years for all trees not removed by the proposed development, and the caliper of all proposed new trees at the time of planting in addition to the other requirements of the tree planting plan.

(D)

A grading plan depicting proposed site conditions following completion of the proposed development, when grading of the subject property will be necessary to accommodate the proposed development.

(E)

A preliminary utility plan showing capacity needs for municipal water, stormwater facilities, and sewer service, and schematic location of connection points to existing municipal water and sewer services.

(F)

A description of the proposed stormwater management system, including pre and post construction conditions, prepared in accordance with the Public Works Design Standards.

(G)

A completed trip generation estimate for the proposed development, on forms provided by the City.

(H)

Building elevation drawings for any proposed new buildings and any exterior additions or alterations to existing buildings when the height of the building, or a portion of the building is changed.

(I)

For development in the Mixed Use-I (MU-I), Mixed Use-II (MU-II), Mixed Use-III (MU-III), and Mixed Use-Riverfront (MU-R) zones, architectural drawings, renderings, or sketches showing all elevations of the existing buildings and the proposed buildings as they will appear on completion.

(J)

For developments that include more than one-half acre of new off-street surface parking, proof of coordination with the local electric utility to ensure the compatibility of tree canopy and root systems with planned and existing utility infrastructure.

(2)

Class 3 site plan review. In addition to the submittal requirements for a Type II application under SRC chapter 300, an application for Class 3 site plan review shall include the following:

(A)

All submittal requirements for a Class 2 site plan review under subsection (e)(1) of this section;

(B)

The zoning district, comprehensive plan designation, and land uses for all properties abutting the site;

(C)

The elevation of the site at two-foot contour intervals, with specific identification of slopes in excess of 15 percent;

(D)

Summary table which includes site zoning designation; total site area; gross floor area by use (e.g., manufacturing, office, retail, storage); building height; itemized number of full size compact and handicapped parking stalls, and the collective total number; total lot coverage proposed, including areas to be paved for parking and sidewalks;

(E)

A geological assessment or geotechnical report, if required by SRC chapter 810, or a certification from an engineering geologist or a geotechnical engineer that landslide risk on the site is low, and that there is no need for further landslide risk assessment; and

(F)

A Transportation Impact Analysis, if required by SRC chapter 803.

(G)

A floodplain mitigation assessment, if required by SRC chapter 601.

(f)

Criteria.

(1)

Class 1 site plan review. An application for a Class 1 site plan review shall be granted if:

(A)

The application involves only a change of use or a change of occupancy, and there is no pending application for an associated land use decision or limited land use decision;

(B)

Only construction or improvements to the interior of the building or structure will be made;

(C)

The new use or occupancy will not require exterior improvements to the building or structure or alteration to existing parking, landscaping, or buffer yards;

(D)

Only clear and objective standards which do not require the exercise of discretion or legal judgment are applicable to the site plan review application; and

(E)

The application meets all applicable standards of the UDC.

(2)

Class 2 site plan review. An application for a Class 2 site plan review shall be granted if:

(A)

Only clear and objective standards which do not require the exercise of discretion or legal judgment are applicable to the application.

(B)

The application meets all the applicable standards of the UDC.

(3)

Class 3 site plan review. An application for Class 3 site plan review shall be granted if:

(A)

The application meets all applicable standards of the UDC;

(B)

The transportation system into and out of the proposed development conforms to all applicable city standards;

(C)

The proposed development mitigates impacts to the transportation system consistent with the approved traffic impact analysis, where applicable; and

(D)

The proposed development will be served with City water, sewer, stormwater facilities, and other utilities.

(Prior Code, § 220.005; Ord. No. 12-12; Ord. No. 31-13; Eng. Ord. No. 4-18, § 5, 8-13-2018, eff. 9-12-2018; Ord. No. 6-19, § 1(Exh. A), 6-24-2019, eff. 7-24-2019; Ord. No. 13-21, § 1(Exh. A), 2-14-2022; Ord. No. 11-22, § 1(Exh. A), 7-25-2022, eff. 8-24-2022; Ord. No. 7-23, § 1(Exh. A), 11-27-2023; Ord. No. 8-24, § 1(Exh. A), 9-23-2024; Ord. No. 6-25, § 1(Exh. A), 6-9-2025)

(a)

Applicability. A site plan review approval may be modified after its effective date if the proposed modification meets the criteria in this section. Proposed modifications that do not meet the criteria in this section require submittal of a new application for site plan review.

(b)

Procedure type.

(1)

Modification of a Class 1 or Class 2 site plan review approval is processed as a Type I procedure under SRC chapter 300.

(2)

Modification of a Class 3 site plan review approval is processed as a Type II procedure under SRC chapter 300.

(c)

Submittal requirements.

(1)

Modification of a Class 1 or Class 2 site plan review approval shall include, in addition to the submittal requirements for a Type I application under SRC chapter 300, the following:

(A)

For modification of a Class 1 site plan review approval, the information required under SRC 220.005(d); and

(B)

For modification of a Class 2 site plan review approval, the information required under SRC 220.005(e)(1).

(2)

Modification of a Class 3 site plan review approval shall include, in addition to the submittal requirements for a Type II application under SRC chapter 300, the information required under SRC 220.005(e)(2).

(d)

Criteria.

(1)

Modification of a Class 1 or Class 2 site plan review approval shall be granted if all of the following criteria are met:

(A)

The proposed modification does not change the class of site plan review of the original application; and

(B)

The proposed modification meets all applicable standards of the UDC.

(2)

Modification of a Class 3 site plan review approval shall be granted if all of the following criteria are met:

(A)

The proposed modification does not substantially change the original approval; and

(B)

The proposed modification will not result in significant changes to the physical appearance of the development, the use of the site, and the impacts on surrounding properties.

(e)

Expiration. The effect of a modification upon the expiration period of the original approval, if any, shall be established in the modification decision.

(Prior Code, § 220.010; Ord. No. 12-12; Ord. No. 31-13; Ord. No. 6-19, § 1(Exh. A), 6-24-2019, eff. 7-24-2019)