On July 23, 2019, the Governor of Oregon signed Senate Bill 534 (SB 534) into law, with an implementation date of March 1, 2020. It requires that development of at least one dwelling unit be allowed on each platted lot (result of a subdivision or partition), unless the City determines the lot is constrained by lack of infrastructure, steep slopes, natural resources or hazards.
At this time, Portland's Zoning Code (Title 33) has not been amended to conform to the requirements of the new state law. Starting Monday, March 2, the Bureau of Development Services (BDS) will implement the requirements of the new state law. In addition to the allowances for primary structures in Title 33, development of a primary structure will be allowed as described below. If any of the Title 33 allowances for primary structures in residential zones or plan districts preclude a primary structure based on the characteristics of the site or ownership, the allowances described below prevail. If the lot is precluded under both Title 33 allowances and the allowances described below, a primary structure is not allowed.
Requirements for a Primary Structure on Platted Lots
A primary structure is allowed on a lot that is fully intact as originally platted, except as reduced in size due to right-of-way dedication or condemnation; on an adjusted lot that is larger than the originally platted lot; or a combination thereof, that meets the following:
- No portion of the lot, adjusted lot or combination is in an environmental protection or environmental conservation overlay zone;
- No portion of the lot, adjusted lot or combination is in the special flood hazard area; and
- The lot, adjusted lot or combination has an average slope of less than 25 percent.
Note: Title 33 definitions (33.910) and measurements (33.930) apply.
How to Apply
Lot Confirmation: To confirm that a lot is eligible for a primary structure, submit a Lot Confirmation application. Deed information showing the lot meets Title 33 definitions is required for any lot that is not fully intact as platted. More information is on the application form.
Building Permit: Eligibility of existing tax lots for a primary structure can be determined through a building permit review