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Changing a House to a Vacation House Rental

 

The zoning code and the building code both have issues where the rental period for a dwelling unit is less than month to month. You cannot rent out a house for periods shorter than a month without getting a permit to change the use of the house.

 

Vacation House Rental

Zoning

The Portland Zoning Code does not allow short term vacation rentals in residential zones. That kind of transient lodging would be regulated like a hotel, which is classified as a Retail Sales and Service Use and is allowed only in non-residential zones. For information about the zoning of a particular property, you may log on to www.portland.maps.com or call our zoning information line at (503) 823-7526.


Houses or apartments in non-residential zones may be converted to short term/vacation rentals but must comply with building code regulations and require a permit.


In some zones, the zoning code requires off street parking that may be difficult to provide on site. But even where there 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.

 


Life Safety/ Building Code

The building code distinguishes between residences with "transient" residents versus longer term residents. This means that a vacation rental is actually no longer classified as a single family residence, but would be considered a hotel. Through the building code appeals process, it may be possible to have a house approved for use as a vacation rental without meeting all of the requirements for a new hotel.

The appeal will look at whether the existing house meets basic life safety conditions such as required escape windows from bedrooms. If the appeal is granted, hard wired interconnected smoke alarms will most likely be required. The appeal can be expected to require that the building owner record a covenant limiting the maximum number of people allowed to occupy the vacation rental dwelling unit at ten. For more information, speak to a Life Safety reviewer at (503) 823-1456 or visit the Development Services Center. View more information on our appeal process.

 

A building permit will be required to approve the house for vacation rental use. For more information, or to get started on the process, visit the Development Services Center and meet with a Life Safety Reviewer or call (503) 823-1456.

 


System Development Charges (SDCs)

Using a house as a vacation rental would not be expected to trigger system development charges, though in some cases the Bureau of Environmental Services (BES) could charge an SDC if you add plumbing fixtures to the building. To see if BES SDCs would apply to your project call (503) 823-7761.

 


Permit Process

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.


Plans

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.