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Add or Legalize a Dwelling Unit

Zoning

The land use zone must allow household living in order to add a residential unit to a non residential building. Residential uses are limited or prohibited in some of the Employment Zones and all of the Industrial Zones. Tables showing the zones and where "household living" is allowed. Call a planner at (503) 823-7526.


A change of use, for purposes of the zoning code, may require bike parking, additional vehicle parking and/or changes to the parking, or paving and landscaping on the site. Exterior changes to a building, in many areas of the city, must go through a design review process to make sure that the proposed changes meet any special design guidelines for the area in which the project is located. The requirement for design review can be triggered by a very minor change, such as installing a replacement window that is not identical to the original.

 


Life Safety/Building Code

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 "change of occupancy" is when there is a change in the building's use that would place it in a different occupancy classification. Changing part of a commercial building to residential use would be a partial change of occupancy, which would typically require that the new use meet most of the current building code requirements for a new building.


If there is no legal residential use of the building already, adding or legalizing a dwelling unit triggers a requirement that the entire building be sprinklered with a full commercial (NFPA 13) automatic sprinkler system. This is expensive. Getting a sprinkler contractor's estimate may be the best first step to decide whether your project is practical.


There is generally a requirement that a one hour fire rated separation be provided between the new residential unit and the existing commercial use. That separation is most often created by applying several layers of gypsum board to the existing walls and/or ceilings between the residential and commercial uses. The separation would also have to be provided at the stairwells or any other place where the two different uses (residential and commercial) come together.


A residential use also has smoke alarm requirements.


For more information on Building Code requirements, talk to a Life Safety reviewer at (503) 823-1456. Or, visit our Development Services Center.

 


Seismic

Seismic improvements would generally not be required when adding a single residential unit to an existing commercial building.

 


System Development Charges

System Development Charges (SDCs) are one-time fees charged to help pay for the facilities (such as street and sewer systems) required to meet growth-related needs for the city. Systems Development Charges are paid at the time that a development permit (also known as a building permit) is issued. Building owners, but not tenants, can finance the SDCs through the city. BDS has pulled together information on all the SDCs online. From there, you can also jump to more specific information on each bureau's individual website.


The Bureau of Parks and Recreation charges an SDC to add a new unit. Depending on the size/type of the new residential unit, the cost of the SDC may vary. Call Parks SDC staff at (503) 823-5105 and/or look at their info online.


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. Water lines required for sprinkler systems are exempt from SDC fees. Portland Water Bureau staff is available to answer your SDC questions at (503) 823-7368 or find information online from the BDS page.


The Bureau of Environmental Services (BES) would charge an SDC to add or legalize a residential unit within an existing commercial building. They would generally charge the "commercial multifamily residential" rate. Call BES staff at (503) 233-7761 to find out the current rate or look at the BDS SDC online handout.


Whether the Bureau of Transportation charges an SDC will depend on the previous use of the space and the size of the dwelling unit. Call staff, to talk about the particulars of your project, at (503) 823-7002. Transportation has a lot of SDC information available online, including rate information for the various uses.

 

Find out more information on the SDC page.

 


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.


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.