Eli’s Informal (and unauthorized) Code Guide For Small, Detached Structures In the City of Portland Disclaimer: This guide is not authoritative, is overly simplified in places, and should not be relied on for accuracy. To get the real scoop, read up on the zoning and building codes directly and/or consult with Bureau of Development Services staff on the 1st floor of the 1900 SW 4th Ave. building in downtown Portland. ADU (Accessory Dwelling Unit) Description, Examples A stand-alone dwelling unit with legal kitchen and bathroom Permitted Accessory Structure Habitable1: detached bedroom2 Unpermitted Accessory Structure Habitable: N/A Code References Not habitable: storage shed, chicken coop, kid’s fort, wood shed, greenhouse Zones allowed Allowed in all R zones, with certain limited exceptions Not habitable: garage, artists’ studio, yoga studio, guest house (limited use) Allowed in all R, C, E and I zones 33.205.020 33.120.280 33.130.265 33.140.270 Per Chapter 29.10 Definitions, “Habitable room or space is a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.” 2 If plans for a habitable, detached accessory structure suggest the potential for that the structure to be used as an independent dwelling, the city may require the applicant to sign and record a ‘Second Sink Agreement’ against the property. 1 ADU (Accessory Dwelling Unit) Height limit 18’ 3 Unpermitted Accessory Structure 10’ Code References 33.205.030 33.110.215 Square footage Lesser of 800 sq. ft. or 75% the size of 200 sq. ft. the primary dwelling Total building coverage of all detached covered accessory structures may not exceed 15 percent of the total area of the site in the R zones Building coverage of any one detached covered accessory structure (including ADUs) may not be greater than the building coverage of the primary structure in the R zones Total building coverage of all structures (primary and accessory) may not exceed the limit for the zone. This limit is 2,250 sq. ft. for a 5,000 lot in the R5 zone. 33.205.030 C. 6 33.110.250 D. 1, 2 33.120.280 D. 1, 2 33.110.225 33.120.225 Building coverage of the lot Location on the 60’ from the front property line or 6 lot feet behind the existing house. Permitted Accessory Structure Base zone requirements (30’ in the R5 zone) No special restrictions No special restrictions 33.205.030 D. 1 Setbacks Base zone setbacks apply (10’ front yard and 5’ side/rear yard in the R5 zone) Design standards Must match exterior finish materials, roof pitch, exterior trim, window proportions and orientation, and eave projections (with limited exceptions) of the primary residence. There is more flexibility in design compatibility standards for conversions of existing structures 3 N/A For gable roofs, height is measured to the mid-point of the gable N/A 33.110.250 C. 4. b 33.205.030 C. 7 – 11 33.205.030 D. 4. c, d ADU (Accessory Dwelling Unit) Design review or community design standards Occupancy Fees Permitted Accessory Structure Applies to all permitted detached accessory structures in design overlay zones Unpermitted Accessory Structure N/A? Code References 33.420 33.420.055 33.218 Habitable. Maximum number of individuals residing in both units (primary and ADU) may not exceed the number allowed for a household 4 Not for habitable use. If habitation is desired, the structure must be permitted, regardless of size or height 33.205.030 C. 2 Building permits and Systems Development Charges (SDCs) apply. SDCs for ADUs are waived through June 30, 2013 Only habitable if permitted as such, which requires compliance with structural and fire/life/safety codes Building permits None for the structure. Trade permits for electrical, plumbing and/or HVAC service to the detached structure may be purchased separately. General Notes Certain zoning code requirements, including setbacks, lot coverage, size limits, and design standards, can sometimes be modified through a zoning adjustment process. See section 33.805 of the zoning code or contact BDS staff for additional information. Maximum household size, per ‘definitions’ section of the zoning code: “One or more persons related by blood, marriage, legal adoption or guardianship, plus not more than 5 additional persons, who live together in one dwelling unit; or one or more handicapped persons as defined in the Fair Housing Amendments Act of 1988, plus not more than 5 additional persons, who live together in one dwelling unit.” 4 There is wide latitude in building methods and materials for foundations, walls, roofs… in unpermitted structures. However, if a structure is not permitted initially, subsequent conversion to a different use for which a permit is required (such as a habitable structure) could be difficult or impossible, depending on the original building methods and materials used. Additional Resources Portland Zoning code: http://www.portlandonline.com/bps/index.cfm?c=31612 Information and code guide for conversions of garages or attics to habitable use: http://www.portlandonline.com/bds/index.cfm?c=38148