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POL Government Bureaus & Offices Development Services Information Center Customer Assistance Small Business Liaisons Change of Use Change the use - existing commercial building Retail to office, or Office to retail

Changing Retail Space to Office Use or Office Space to Retail Use

 

Though office and retail are two different uses, a change from one to the other is generally simpler than most other change of use projects. The requirements for office and for retail uses are quite similar, and many small storefronts in the city have been used as either retail or office space over the years.

 

Retail to office, or Office to retail

Zoning

Under the zoning code, "retail sales and service" is different than office, but a zone that allows one use will usually allow the other.

 

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.

 

For more information on how the zoning code would apply to your project call a Planner at (503) 823-7526.

 

 


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. Until the early/mid 90's, the building code didn't really distinguish between the retail and office uses and they were classified as the same occupancy.

 

A "change of occupancy" is when there is a change in the building's use that would place it in a different occupancy classification. A change of occupancy typically requires that the building meet most of the current building code requirements for a new building.

 

Even today, office (B) and retail (M) occupancies are classified at the same "hazard level", and the building code requirements are very similar. The Bureau of Development Services has a Fire and Life Safety Guide for Existing Buildings that allows a change from retail to office, or office to commercial, to be reviewed more like a remodel than most changes of occupancy.

 

Call a Life Safety Reviewer at (503) 823-1456 with questions.

 


Accessibility

The building code requires that new work (such as new restrooms) 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. parking,
2. an accessible entrance,
3. an accessible route to the altered area
4. at least one accessible restroom for each sex or an additional single unisex restroom, etc.

 

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

 


Seismic

The city's seismic ordinance classifies the various building code occupancies into five "relative hazard" levels. Changing between office space (also a B occupancy) and retail space (an M occupancy) would not generally require a seismic upgrade, since B and M occupancies are classified at the same seismic hazard level.

 

Changing more than about 4,000 square feet from office to retail could require a seismic upgrade based on the increase in the number of occupants that the building code would assume.

Unreinforced masonry buildings (URMs) have some unique requirements under the city's seismic ordinance. Seismic triggers for URMS consider the work done to the building over time, and not just the current proposed work.

 

For more information on seismic triggers and your project, call a Life Safety Reviewer at (503) 823-1456.

 


System Development Charges (SDCs)

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. System Development Charges can add up when the use of a space is changed to drinking/dining. 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 Transportation SDC is charged on a per square foot of use basis, when the proposed use is seen as creating more transportation trips than the previous use of the space. Changing between office and retail uses will generally trigger a charge, depending on the specific nature of the office or retail use. See online rate tables or you can call Transportation at (503) 823-7002 for more information on how SDCs could be charged for your particular project.

 

The Bureau of Environmental Services (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.). Call BES at (503) 823-7761 for more information.


For the Water Bureau, any 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.

 


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.