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Change of Use/Occupancy
A permit is required to document a change of use or change of occupancy classification of a building, even when no alterations are planning or required by the code. Learn more about change of use or change of occupancy. Includes information for small business owners.
What it is?
Please contact us. We can help you find out if:
- Your proposed use is allowed at the location.
- There are any additional building or zoning requirements.
- Systems Development Charges (fees charged to offset impact on the City's infrastructure) for the property will apply.
A permit is required to document a change of use or occupancy classification of a building, even where no alterations are planned or required by the code.
Every building is given an occupancy classification when it is built. Each classification has different building code requirements. The requirements relate to the type of hazard or uses in the building.
In a change of use or occupancy, everything is subject to the City zoning code. For example, an old house turning into an office building must follow life safety code requirements (ex. emergency exits) required for a new office building.
Submit a Records Request for the property to obtain existing occupancy and prior permit approvals.
A change of occupancy is a change in the building's use that places the building in a different division of the same group of occupancies or in a different group of occupancies. For example, an office building may become a daycare center or a store. Another less obvious example of a change of occupancy is when a restaurant that has seating for less than 50 wants to increase the number of seats to 50 or more.
A change of use is a change in the building's use within the same occupancy, but increases the building occupant load (number of people allowed in the building at the same time) or other factors that may have different building code requirements. For example, a change from an office to a café is a change within the same occupancy classification, but is a change of use because the occupant load is increased. Other examples could be where a Storage occupancy changes what it is storing, or how it is storing its products; or a Factory occupancy is changing how it operates or what products it is using in its manufacturing process.
The legal use or occupancy classification of the building may not be consistent with its most recent actual use. A permit may be required to document the change of use or occupancy, even if you don't plan to make any changes to the building or how the building will be used. A change of use or occupancy as discussed above applies to the use of the building as defined by the building code. However, changes of use or occupancy may also trigger different zoning code requirements and affect how systems development charges are assessed.
Costs
Permit fees are based on the value of your project. For an estimate of permit fees, please contact the Building Division by EMAIL or call #541-488-5305 for a custom quote based on your project specifics.
Systems Development Charges (SDCs)
In addition to building permit fees, the project may be subject to Systems Development Charges. These fees help offset the impact the project will have on the City's infrastructure of streets, water, storm, and sanitary sewer systems. Depending on how much the business or project will impact infrastructure, these fees may be significant. Contact the Building Division by EMAIL or call #541-488-5305 to determine what system development charges may apply to the project.
Time it takes to get a change of use or occupancy permit
The time it takes to get a permit can vary. A simple change of use or occupancy requiring no type of waiver or appeal may go through the permitting system in the standard timeframe, with goals of approximately one to three weeks for first review. Incomplete applications and review responses requesting additional information will add to this review time. Hiring an Oregon Licensed Architect or Engineer that is familiar with Oregon Building Codes can reduce review times significantly, and in some cases, projects will require that one of these types of design professionals oversee the project and prepare the plans and documents required in the application.
If you need special zoning approvals or if there is complicated building history, it may take several months to obtain a permit.
Keep the process simple by providing a clear building code summary showing any deficiencies and how they will be addressed and respond to requests from staff for information as quickly and comprehensively as possible.
Steps to get your permit
Code Considerations by Scope of Work
The following table provides an overview of different requirements to consider when planning for a change of use or occupancy. Find more details about the requirements below the table.
| Scope of Work | Code Considerations |
| Change of use or occupancy of a building | Current code requirements must be met, including addressing accessibility for new work and removing existing barriers, potential seismic upgrades, potential addition of sprinkler systems, and others. |
| Change of use or occupancy of a building in certain locations | May require parking, bike parking, pedestrian amenities and landscaping depending on use and location of property within certain zones. |
| Change that causes an increase of customers, traffic, and/or use of resources | Systems Development Charges (SDCs) may be assessed. |
Accessibility Requirements
If the change of use or occupancy involves any remodeling, all new work must meet current accessibility requirements. In addition, state law requires that up to 25% of the value of the total construction cost be spent removing any existing architectural barriers to improve accessibility for disabled persons. Accessibility improvements must be prioritized in the following order:
- Parking (if there is on-site parking)
- Accessible route to the entry
- Accessible entry
- Restroom improvements
Required Structural Upgrades
Change of occupancy types and or occupant loads could change the Risk Category to the structure, requiring additional engineering calculations and structural work to be performed.
Zoning Code Requirements
The zoning code spells out the allowed uses for a property. Building code use and occupancy classifications address the protection of the people using the building. Zoning use classifications focus on the intensity of the use of a property and its impact on the surrounding properties. The property's zone and the use of the property determine specific zoning code requirements.
Examples of residential to commercial conversion include changing a house in a non-residential zone to an office use. This also includes changing a house or duplex in a non-residential zone to a short-term vacation rental. In some areas of the city, changes to the exterior of the building may need site review or historic design review.
Work out of your home without changing the use or occupancy
If your intention is to live in your home while operating a small business there, you may not need to get a building permit to change the use or occupancy. A Home Occupation permit is required and you must meet the following requirements:
- There shall be no more than one client or customer's automobile at any one time and no more than eight per day at the home occupation site.
- Other than family members residing within the dwelling located on the home occupation site, there shall be no more than one full time equivalent employee, and no more than one employee at any given time.
If you can't meet the code requirements - filing appeals and land use reviews
Building Code Appeals: The various construction code requirements that the City of Ashland enforces may be appealed. If you file an appeal, the appeal must clearly show how your proposed alternative provides an equivalent level of fire, life safety, structural, energy conservation or accessibility before it can be approved.
Land Use Reviews: The zoning code allows for a variety of reviews for a project that can't meet certain requirements of the zoning code. Land use reviews take longer than building code appeals since public notice is required.
Site Plan
Scaled drawings (1" = 10'0", 1/4" = 1'0" or 1/8" = 1'0") are required to show:
- the size of the building and its location in relation to the property lines and streets relative elevation dimensions to show grade changes on the lot
- any other structures on the property, paved driveways and parking, and any landscaping
- include a north arrow on the plan to show its orientation
Floor Plan
Scaled drawings (1/4" = 1'0" or 1/8" = 1'0") are required for each level, including basements and storage attics.
Floor plans must show:
- the proposed use of each room and the overall room dimensions
- window sizes and how the windows open
- the size of exit doors, the direction of door swing, steps at doors, and any glass panels in the doors
- stairways, both inside and outside the building, and their landings
Stair Details
- rise and run of all steps
- location and height of handrails
- headroom at the stairs
- both handrail height and headroom are measured straight up from the nosing of the stair treads. This information may be provided with clear notes on the floor plans, or separate details.
Cross-Section of the Building
Cross-section of the building must be provided except where information concerning ceiling heights, insulation, etc., can be shown elsewhere. In addition, the cross-section must show the relationship between the grade outside and the interior floor levels.
Building Code Summary
Building Code Summary of the existing structure, showing that it meets all criteria of new construction, and if there are an deficiencies, how these are being remedied, such as corrective construction or an approved building code appeal.
Who Can Do the Work
- Who Can Do the Work - Commercial Construction Handout (PDF)
- When is an Architect or Engineer Required? (PDF)
A licensed architect must prepare the plans if:
- the building is over 4,000 square feet; or
- the overall lowest floor finish to the overall highest overhead finish is over 20 feet; or
- alterations or repairs will be made that involve structural parts of the building, or
- there are any changes of occupancy; or
- in circumstances where it is determined by the building official that the work is of a highly technical nature; or
- there may be potential risk to life and/or safety of the structure
You may find it valuable to hire an architect or a designer to help you with your plans whether or not an architect is required by law. It is important that your architect or designer is familiar with change of occupancy code requirements as well as your type of building and business. Having an experienced and qualified design professional (Oregon Licensed Architect or Engineer) prepare plans, documents, and applications can result in a significant time savings and an overall better permitting experience.
- Building Permit - Commercial Application Submittal Package (PDF)
- Check Permit Status via Citizen Self Service
Pay fees. We will notify you to pay fees before we issue your permit.
Print your permit. We will notify you when we have issued your permit. Print the permit, inspection card, and approved plan set and have in on site for our inspector.
Display your permit. Place your permit in a visible location on the project site.
Begin construction.
Inspections are required for a permit to change the use or occupancy, even if no work is required. This confirms the building meets all requirements for the new use or occupancy classification.
The permit expires if 180 days pass without an approved inspection. We may grant a permit extension.
If we inspect and approve the job, you'll receive a new Certificate of Occupancy for your records.
Inspections can be scheduled via the Citizen Self Service Portal or by calling #541-552-2081.
Inspections are conducted between 7:00 AM and 3:30 PM on a 24-hour notice. Inspection requests must be requested by 3:00 PM to be scheduled for the following workday.
Need Help? Schedule a 15-minute appointment
If you have questions about change of use or occupancy, please schedule a free 15-minute virtual meeting via Zoom with a construction, zoning, or development expert.
We can help you find out if:
- the proposed use is allowed at the location
- you need to know about additional building or zoning requirements
- you need to pay Systems Development Charges (fees charged to offset impact on the City's infrastructure) for the property.
To schedule your free appointment, call #541-488-5305 or request by EMAIL.