Project purpose
Land divisions in lower density zones increase opportunities for new housing in areas that are zoned for houses, duplexes, triplexes and fourplexes. As part of the City of Portland’s effort to increase the production of new housing, the Land Division Code Update Project will streamline the process of applying for a residential land division.
Project background
City Council has directed several City bureaus to undertake projects to accelerate housing production in Portland. In response, the Bureau of Planning and Sustainability is using its zoning code “toolbox” to create more housing development potential from larger residential properties. These properties can be divided into smaller lots, thus increasing the number of available and developable residential lots.
But how the land is divided can define the pattern of an area as well as the character of the emerging neighborhood. Lot configurations, street design, and utility locations can all affect the design and location of buildings as well as how an evolving area functions.
How a land division works
The design of a land division is reviewed to ensure it meets requirements for environmental protection, engineering standards, and access to utilities and services. Once the land division is complete, housing can be built on each of the new lots.
Land division regulations include several functions:
- Real estate, establishing a consistent reference point for land ownership records.
- Consumer protection, ensuring that public improvements are made with new development, so that a buyer knows a new lot has the necessary services (e.g., water, sewer, electric) for future development.
- Public infrastructure, requiring that services will be available and adequate to meet the demand from additional development.
- Comprehensive planning, controlling development density and configurations.
Land divisions are key to unlocking potential for more housing in single-dwelling zones, where development is mostly limited to a number of dwellings per lot, regardless of how large the lot may be. As more residential land in the city is developed, very large dividable parcels are increasingly rare, yet smaller infill sites still present opportunities to create more homes.
By dividing and creating additional separate lots from larger lots, land divisions increase the total number of dwellings that can be built. This project will provide a streamlined path for land divisions, especially for these smaller, less complex sites.
How to determine whether a lot is dividable
Many requirements must be met to determine if a property can be divided, including allowable minimum and maximum density, lot dimensions, infrastructure availability – and size. Property size can be determined from deed or survey information or sometimes from tax maps. A meeting with a planner at the Bureau of Development Services is a good place to find out more. The following table lists minimum lot sizes for dividable lots in the single-dwelling zones.
Note that Middle Housing Land Divisions are subject to different lot size and density standards and are allowed on any property where a duplex, triplex, fourplex, or cottage cluster is permitted.
| Zone | Minimum area needed to divide* |
|---|---|
| R2.5 | 4,750 sq ft |
| R5 | 9,500 sq ft |
| R7 | 13,300 sq ft |
| R10 | 19,000 sq ft |
| R20 | 38,000 sq ft |
*Meeting the minimum lot area is not always sufficient to allow a lot to be divided. Lot size requirements also differ for Middle Housing Land Divisions. If you are thinking about dividing your property, contact the Bureau of Development Services for additional information.
What's changing?
The approach to the Land Division Code Update amendments is to largely maintain the existing flexibility provided through current approval criteria, and supplement those with an alternative set of clear and objective standards for housing development. The project is also updating the map used to determine which sites should be more closely scrutinized for potential landslide risk and making a number of technical clarifications, as well as adjusting some procedural requirements.
The project will not be changing base zones or overlay zones or modifying the basic parameters of when a lot is considered dividable. In other words, this project is focused on facilitating the process of land divisions and will not be changing already adopted zoning capacities for residential development.
This project does not change the requirements for Middle Housing Land Divisions (MHLD). An MHLD is a type of land division established in State law that allows certain housing types to be divided into separate lots through an expedited process. Unlike a standard land division that divides large properties into smaller lots for future development, an MHLD is used to subdivide properties with already permitted or existing structures like duplexes, triplexes, and fourplexes. The purpose of the MHLD is to enable units in those housing types to be sold individually on their own lots. MHLD applications already utilize a streamlined process, where a very limited set of approval standards apply. The Land Division Code Update is focusing on streamlining the approval requirements that apply to standard land divisions, which do not apply to MHLD applications. Visit the Bureau of Development Services website to learn more about MHLDs.
See a detailed summary of the proposed changes
Project steps and timeline
- Fall 2023: Discussion Draft of proposed code amendments released for the public for review and input.
- Winter 2024: The Proposed Draft of code amendments, incorporating feedback gathered during the public review period, will be presented to the Portland Planning Commission. The Planning Commission will hear public testimony and deliberate before forwarding their recommendation to City Council.
- Spring 2024: A Recommended Draft, incorporating the recommendations of the Planning Commission, will be presented to the City Council for additional public testimony before the Council’s final vote.
- Fall 2024: The proposed amendments to the land division regulations in Title 33 will be formally enacted.
Project contact information
Email LandDivisionCodeUpdate@portlandoregon.gov
Morgan Tracy, Project Manager
503-823-6879