Every location is going to be different, and only by discussing your house conversion project with our planning and zoning staff can you be sure to identify difficult issues before you get too far down the line. That being said, here is some info that might help you get started:

Only a house located in a zone that allows a retail sales and service can be converted a drinking and/or dining sort of use.

A house that is in a zone with a d "overlay" (e.g. EXd) may need to go through a design review process if changes are made to the exterior of the building.

In some zones, the zoning code requires off street parking that may be difficult to provide on site. But even where there is no parking requirement, it may not be practical to use an existing garage and/or driveway for parking, or to create additional onsite parking. You may find that you either need to go through a land use adjustment process, because you can't meet all of the requirements, or that you end up "curbing off" the existing driveway so it can't be used for parking. View more information on the adjustment process.

Another zoning code requirement for most house conversions is that of a six foot wide (minimum) paved pedestrian walkway between the building entrance and the street. A walkway may also be required to connect other features on the site, such as additional entrances, bike parking, etc.

We strongly suggest that you contact a planner to discuss the requirements and options for the house you are considering. You may call the zoning info line at 503 823-7526 or visit the Development Services Center to meet with someone in person.

The building code sorts the ways that buildings are used into separate "occupancy classifications". Every building is given an occupancy classification when it is built, and each occupancy classification has different building code requirements that go along with it. The requirements reflect the type of hazard or uses in the building. A building will remain "grandfathered" even when the code requirements for any occupancy classification change over time, so long as the occupancy remains the same. A change of occupancy is when there is a change in the building's use that would place it in a different occupancy classification.

For building code purposes, changing a house to drinking and/or dining use is a "change of occupancy" from R3 to a B. When the occupancy of a building changes, that triggers some building code requirements as if it were new construction; aspects of the building that would have been grandfathered under the original permitted use need to be addressed in the light of current code.

It is not uncommon, in the case of a change of occupancy, to have one or more building code appeals. The process takes about a week and the appeal fee is typically $200. View more information on the appeal process.

The Life Safety reviewers are the city staff who work on building code issues. Their voicemail/info phone number is (503) 823-1456. Life Safety reviewers can also meet with you in the Development Services Center.

The biggest building code challenge for most house conversions is that commercial uses are required to be located further from property lines than residential - or a fire wall is required. Most houses in the city will be located on the lot so as to have an issue with one of the side property lines. If the distance is at least 5', alterations required to the wall may be relatively minor. If less than 5', then the wall will likely need to be turned into a fire wall. That would mean:

• eliminating any window, vent or similar openings
• applying a single layer of 5/8" gypsum board to the inside surface of the exterior wall
• removing the siding at that portion of the exterior wall, applying gypsum board to the exterior surface, then replacing the siding

In design zones, this type of exterior work could trigger the requirement for design review.

Sometimes a house is close to a property line that abuts a commercial parking lot, or the adjacent building was constructed with a fire wall along the common property line. In unusual circumstances such as these, you may be able to appeal the fire wall requirement.

As a part of the change of occupancy process, the city will ask you to include a site plan that shows the location of the house in relationship to the property lines. The actual location of lines separating privately owned lots from each other is not always easy to find. Looking in Portland Maps is a good starting point, but Portland Maps can't give you dimensional distances between a building and its adjacent property lines. It doesn't always accurately show how a house sits on the lot. Occasionally, there is an old surveying marker somewhere along the line, or a brass marker in the sidewalk. Only an actual survey may be able to accurately locate the property line.

Sometimes a building actually straddles the property line, sitting partway on the neighbor's property. That may be the case even when, "out in the real world", there appears to be several feet between the building and what looks like the property line. Please be aware that we cannot legally issue a change of occupancy permit for a building that actually extends over onto an adjacent owner's property.

Typically, when changing a house to commercial use, you should expect to rebuild any EXTERIOR entry stairs and/or porches. Existing houses usually have a change of level at the entry door threshold and entry stairs that are too steep an uneven to meet current commercial code.

You may need new/additional handrails at any INTERIOR stairs, but the slope of interior stairs is generally exempt from review in a change of occupancy.

For the typical house, a single exit will usually be okay, even when the basement or second floor will be used commercially. For large houses, the increased exit distance may mean a second exit.

For a basement to be converted to commercial use, the code requires 7' 6" of ceiling height (though there may be a few inches of wiggle room, via a simple appeal process). If the basement would be used only for storage, 7' 0" of headroom should be okay.

The building code requires that new work meets current accessibility standards AND requires spending up to 25% of the value of a project on improving the access to and within an establishment. This "25% rule" applies to changes of occupancy as well as remodeling projects. The code lists the order of priority for improvements:

1. accessible parking,
2. an accessible entrance,
3. an accessible route within the building,
4. at least one accessible restroom for each sex or a single unisex restroom, etc.

For more information on accessibility requirements, speak to a Life Safety Reviewer.

A Type I grease hood is required wherever there is non residential stove-top cooking. Type II hoods are required over most equipment that will create heat, steam or odors but not grease. Examples include steamers, kettles, pasta cookers and dishwashing machines that are not the under counter type. In most cases, a hood will not be required for built-in electric convection ovens or microwaves. Hoods are not required for portable appliances of any kind, but if the Fire Inspector finds grease buildup when inspecting the business, the Fire Marshal's Office may require that a hood be installed.

BDS may allow a Type II hood where a business doesn't have a full service commercial kitchen and grease producing foods aren't prepared. For more information see the BDS Code Guide or speak to a Life Safety Reviewer.

Converting a house to a drinking and/or dining establishment may only mean removing the brick chimney from the house, down to the level of the roof, and attaching the house to the foundation with ties.

But, if the house has previously been altered to reduce its lateral resistance (interior walls or large areas of floor removed, or large openings cut in the exterior walls), a full seismic analysis would be required.

For more information on seismic requirements or triggers, call our Structural Reviewers' information line at (503) 823-1302 or visit our Development Services Center.

House conversions to drinking and/or dining establishments usually don't trigger Bureau of Transportation System Development Charges unless the building is larger than 3,000 square feet in floor area. For questions concerning Transportation SDCs, call (503) 823-7002.

BES charges a Sanitary SDC for commercial projects whenever a development permit includes the addition of one or more new plumbing fixtures. (A new "fixture" is a sink, toilet, dishwasher, floor drain, etc.). Different plumbing fixtures are charged at different rates, and whether your business is a full service restaurant versus a deli, coffee shop or bar will affect the rates. Call BES at (503) 823-7761 for more information.

For the Water Bureau, an SDC is based on the size of meter installed. If your new project will include the addition of plumbing fixtures, a larger meter size may be required and an SDC charged. Portland Water Bureau staff is available to answer your SDC questions at (503) 823-7368 or view more information about the SDC.

The city will require that plans for any project with complex issues or structural work be prepared by a licensed professional. Plans need to be clear and complete, regardless of who prepares them.

Plans will generally include a site plan, a plan of each floor, a cross section, and often stair details. Plans should show how the proposed use and layout meet current code requirements. If there are areas that need to be improved to meet current code, the drawings should include construction details showing how these will be modified.

Depending on the age of the building, we may have plans of the existing building in our microfilm records that can help during the planning stage. See information on Resources/Records.

We encourage you to visit the Development Services Center (DSC) as soon as you have preliminary plans showing what you have in mind.

The DSC is on the ground floor of the building at 1900 SW 4th (4th and Hall). See DSC Hours and Service Availability.

In the DSC you will find technical staff from virtually all of the city bureaus that can discuss requirements applying to your project and that will be reviewing your project when it comes in for a permit.

DSC staff can also give you an idea of the permit fees for your project.

Most drinking and dining establishments must be licensed by the Multnomah County Health Department. View their information online or call them at (503) 988-3400. Food establishments that make more than half of their sales from the manufacture or sale of food products for off-site consumption will generally require approval from the Oregon Department of Agriculture Food Safety Division. View more information online or call them at (503) 986-4720.

BDS won't issue a permit for your food establishment until you turn in a copy of the stamped Multnomah County approved plan, or documentation from the Department of Agriculture showing that they have approved the project.

It is not uncommon, in the case of a change of occupancy, to have one or more building code appeals. Appeals can be preliminary - before the permit is applied for - or you can wait until you have applied for the permit and can be sure that all the issues that might need an appeal have been identified. The appeals process takes about a week. View more information on the appeal process.

There is a lot of information available about permits and the permit process on the BDS website. You may want to look at the Commercial Alterations or the New Users section. 

A change of occupancy permit is a building permit. To apply for the change of occupancy permit, you must provide the city with four sets of plans, pay part of the fees up front including an additional change of occupancy plan review fee and then turn the plans in for review. Plans will generally include a site plan, a plan of each floor, a cross section, and often stair details. Plans should show how the proposed use and layout meet current code requirements. If there are areas that need to be improved to meet current code, the drawings should include construction details showing how these will be modified.

The DSC is on the ground floor of the building at 1900 SW 4th (4th and Hall). We encourage you to get in to the DSC earlier in the day rather than later. The wait times get longer as the day goes by, and it also tends to be more of a challenge to find parking.

In the DSC you will find technical staff from virtually all of the city bureaus that can discuss requirements applying to your project and that will be reviewing your project when it comes in for a permit.

Staff representing the various groups with an interest in development (building, zoning, fire, transportation, sewer, etc.) will be assigned to your project. Any reviewer who looks at your plans and needs additional info/corrections before signing off will mail you a "checksheet" telling you what they need. The city's goal is to get all of those checksheets out (for a change of occupancy) within a couple of weeks.

To respond to a checksheet, you will go to Document Services, which is on the second floor (above the DSC). You will need to update all four sets of the originally submitted drawings, either by replacing the original sheets with new sheets or marking changes on the originally submitted sheets. Keep any replaced sheets with the new sheets, and mark them "Void".

When all the corrections are made, the reviewers will check the changes made. When all the reviews are completed, it takes several days to process the paperwork. Then, you pay the rest of the fees and the permit is issued. Licensed contractors will need to apply for separate permits to do the electrical and plumbing work.

When all the inspections (building, mechanical, electrical, and plumbing ) are approved, and the card you are given at permit issuance is all signed off, you will be issued a Certificate of Occupancy. The house can then be occupied as an educational use.