Accessory short-term rental (ASTR) Type B Conditional Uses - 3-5 Bedrooms

Learn more about Type B accessory short-term rental conditional use requirements 

You must have a Type B Accessory Short-Term Rental Conditional Use approval if you wish your accessory short-term rental to have three to five bedrooms. You may request to rent up to five bedrooms to overnight guests, whether your unit is a single-dwelling structure or within a multi-dwelling development like a condominium building, with certain limitations. In addition: 

• Everyone doing business in the City of Portland must register as a business with the City of Portland.
• Read more about accessory short-term rentals before you apply. 
• There are some things you should know if the rental is in an old building. 
• If you operate a short-term rental without an approved conditional use, you may be fined.
• You cannot advertise for more than the approved number of bedrooms or guests allowed under your conditional use. This includes any wording, images or descriptions that indicate a higher capacity available for the approved number of bedrooms or guests allowed.
• Type B Conditional Uses are not allowed for accessory short-term rentals in commercial/mixed-use, employment, and industrial zones. Accessory short-term rentals in these zones where three or more bedrooms are rented to overnight guests are regulated as a Retail Sales and Service use.
• The maximum number of bedrooms rented for Type B ASTRs is limited to five, but this number will be established through the Conditional Use process.
• The applicant for a Type B ASTR Conditional Use must be the resident of the dwelling unit. If the application is coming from someone who does not live in the unit, the resident must designate in writing the person who may apply for the Conditional Use review on their behalf.

Apply for a Conditional Use Review 

Before you apply, review the Type B Accessory Short-Term (ASTR) Rental Zoning Code Information Guide. These accessory short-term rentals go through a discretionary Type II or Type III Conditional Use land use review. 

For more information about the application process, please follow the instructions on the Conditional Use Reviews webpage. You may also contact Planning and Zoning at 503-823-7300 or schedule a 15-minute appointment with a city plannerto discuss the Conditional Use review process.

Along with the land use review application, an applicant for a Type B ASTR Conditional Use is required to submit information about the short-term rental proposal so the planner understands the full proposal and can determine whether the proposal could meet the approval criteria. If the following is not submitted in the initial application packet, the assigned planner will likely request these after the completeness review:

• Project Description: Tell us about your proposal. How many bedrooms are you intending to rent out short term? Are there any circumstances regarding residency, frequency of rentals, and existing code compliance cases we should know about?
• Plans: The application for Conditional Use Review should include a scaled site plan and floor plans. The site plan should identify the location of the primary dwelling unit, any detached accessory structures, on-site parking, fencing, and landscaping. Hand-drawn plans are acceptable if readable and clear. Please include dimensions on your site plan so that distances from development to the property lines, length of the driveway, and other features are identified clearly. Floor plans should identify the bedrooms to be used for the proposed ASTR and the bedroom(s) for the resident(s). If changes are proposed to the outside of the house, a front building elevation is also required. Otherwise, site and building photos are useful to help the assigned planner understand the context.
• Narrative Responding to Approval Criteria: Part of applying for any land use review is demonstrating through a written narrative how the proposal meets the applicable approval criteria. The criteria that apply to Type B Accessory Short-Term Rentals are from the Conditional Use chapter of the Zoning Code, specifically Section 33.815.105, Institutional and Other Uses in Residential and Campus Institutional Zones. More information is provided below.
• Other Submittal Requirements: Information like a set of house rules and a detailed description of the proposal will be required in order to process the land use review application. The assigned planner may also request additional details, photos, or other information in order to determine that all ASTR development standards found in Portland City Code 33.207.050 can be met, or to answer questions that arise during the review.

Your accessory short-term rental is allowed when we approve the land use review, the decision is recorded with the county recorder, and all necessary Conditions of Approval have been met. You do not have to complete any other application form or complete any other neighborhood notification.
 

Approval criteria

Type B Accessory Short-Term Rental proposals must show that they meet the relevant approval criteria in order to be approved:

Criterion 33.815.105.A: Proportion of Household Living uses

Tips to consider: The “residential area” referenced in this criterion is typically the residentially-zoned area within 2-3 blocks of the site, taking into account relevant barriers (highways, water, busy roads, change to commercial zoning). Within this area, list and discuss “non-residential” uses, i.e. churches, schools, or other institutional uses, and any businesses. We will also consider the concentration of other ASTRs in the identified residential area. Please note that, in order to meet this approval criterion, limits may need to be imposed on bedrooms or number of guests.
 

Criterion 33.815.105.B – Physical Compatibility

Tips to consider: The proposal must be compatible with adjacent residential development or must mitigate differences in appearance or scale through increased building setbacks, screening, landscaping, etc. Identify whether changes to the building or site are proposed as part of the proposal, and what mitigation exists or is proposed onsite.
 

Criterion 33.815.105.C – Livability

Tips to consider: In order to address this approval criterion, provide house rules identifying how livability impacts on adjacent and nearby neighbors will be addressed or prevented. Sample topics include arrival/departure times and process, maximum occupancy, allowed activities, parking, pets, smoking, use of exterior spaces, etc. Screening of outdoor areas may also be required.
 

Criterion 33.815.105.D – Public Services

Tips to consider: Criteria D.1 and D.2 address the city’s transportation system and the Transportation Element of the Comprehensive Plan. In order to adequately respond to these criteria, the Transportation section of PP&D requires applicants to provide a narrative that addresses these criteria, including each of the evaluation factors listed. A full traffic study is no longer required for Type B ASTR applications; however, you must make a good-faith effort to address all parts of the criteria. For criterion D.3, it is likely that no special studies will be required.
 

Criterion 33.815.105.E – Area Plans

Tips to consider: Identify which, if any, adopted neighborhood plans are in effect. A map of adopted area plans, and links to those plans, are available on this web page. Review the plans and identify the policies that are relevant to the proposal, and then discuss these policies in the narrative. Relevant policies might come from the housing, urban design, or economic development sections, among others.

Issues to consider

• Neighborhood feedback: Neighbors sometimes have concerns about short-term rentals taking place near their homes. To the extent possible, speaking with neighbors within 150 feet of the site before notice of the proposal is mailed can build trust and address concerns. If neighbors respond to the mailed notice with concerns, you will have an opportunity to respond before the planner issues a decision.
• Conditions of approval: Conditional Use approvals will usually include conditions of approval in order to limit or manage the impacts the operation could have on the community. These can range from implementation of the proposed house rules and transportation demand management plans to requiring a local contact to be available to neighbors in case there are noise or other time-sensitive complaints. 
• Required alterations: In order for the proposal to meet the approval criteria, alterations may be required to your site, including things like landscape screening, lighting, or fencing. The planner assigned will discuss any potential alterations that may be necessary prior to issuing the decision.
• No guarantee of approval: Not everyone gets approval for exactly what they request. Not all proposals can meet the approval criteria as proposed. The planner assigned may discuss changes to the proposal that are required to meet the approval criteria or deny the proposal altogether.
• Right to appeal: The Type II Conditional Use Review is a discretionary review process. The applicant, neighbors, neighborhood association, or other interested party can appeal the planner’s decision or conditions of approval to the City Hearings Officer. The Hearings Officer will hold a public hearing and accept additional testimony and evidence, then render a final local decision.

Get ready for rental inspections 

Find out what to expect during rental inspections. 

If we approve the Conditional Use land use review, you'll need to complete a site inspection to verify the bedroom requirements. This needs to happen before you begin to operate the accessory short-term rental.

You'll need to send us a Request for Residential Fee Paid Inspection - Code Evaluation Inspections form. Then, we can complete the bedroom inspection. Please mail the form to:

Property Compliance Division
Portland Permitting & Development
1900 SW 4th Avenue, Suite 5000
Portland, OR 97201

Checks should be made payable to the City of Portland.

Alternatively, you may email the form to PPDAccessoryShortTermRental@portlandoregon.gov and we will contact you to process a credit card payment.

The inspection verifies that the bedrooms you rent to overnight guests follow the requirements of 33.207.050.B.4. 

Inspection process for Type B accessory short-term rentals 

If an inspection verifies that the required smoke detectors and carbon monoxide alarms were not installed at the time of the initial inspection or that the bedrooms are not legal, a re-inspection fee will be charged after the corrections have been made. Learn more about requirements for smoke detectors and carbon monoxide alarms.

There are additional requirements for Type B Accessory Short-Term Rentals that are proposed in buildings subject to Chapter 13 of the Uniform Building Code.