Tiny Homes and Compact Living Spaces
Kerrigan Owens (author), Jonathan Rosenbloom & Christopher Duerksen (editors)INTRODUCTION
Since 2007, “tiny homes” have become increasingly popular in the United States.[1] Appendix Q to the 2018 International Residential Code (“IRC”) defines a tiny house as a dwelling that has a floor area of 400 square feet or less, excluding lofts.[2] In addition, the IRC model definition of a tiny house requires a minimum ceiling height for habitable spaces (not less than 6 feet 8 inches), as well as overall compliance with relevant emergency escape and rescue openings specifications.[3] A local government can permit permanent occupancy of “tiny homes” by amending its zoning code to specifically permit use of land for tiny homes as a primary or secondary detached dwelling unit in existing residential districts.[4]
Generally, an ordinance permitting tiny homes as permanent dwellings requires a match between the definition of “detached second dwelling unit” and/or “single/family home” under permitted land uses in the local zoning ordinance and the specifications set out for tiny homes.[5] Alternatively, minimum specifications for homes, such as square footage, may be lowered to permit tiny homes. Local governments may permit tiny homes by-right or upon: 1) conditional use permit by the planning commission; 2) special exception by the zoning board; or 3) building permit approved and issued by the building inspector.[6] The existing definitions of permitted uses in the development code can be used to determine how and whether a tiny home should be permitted.[7] In addition to the content of the permitted use and required structure specifications, any community considering an ordinance permitting tiny homes as permanent dwellings should provide for:
- Zones Where Allowed: The city should identify specific districts where the tiny homes are permitted, depending on how they are defined in the code.[8]
- Standards Applied to Tiny Homes: All applicable zoning standards should apply to tiny homes if they are being regulated as single-family units. If treated as a separate type of land use, then any exceptions to the previous sentence should be explicitly noted and included in the code.[9]
- Minimum Dwelling Size/Occupancy: The IRC requires every dwelling unit to have “at least one habitable room that shall have not less than 120 square feet (11 [meters squared]) of gross floor area.”[10]
EFFECTS
Permitting permanent occupancy of “tiny homes” in residential zones is a particularly cost-effective way to maximize affordable housing options within an existing community. To begin, the cost of constructing tiny homes is substantially cheaper than the cost of constructing traditional housing.[11] In addition, because second dwelling units can be constructed on land that is already developed and has access to existing utilities, infrastructure, and other community services, the city and/or the developer is able to avoid almost all costs other than those associated with extending existing utilities to service the additional unit.[12] Bypassing these costs can help the community increase the supply of affordable housing units by maximizing use of existing land and lower housing production costs.[13] In addition, community advisors can help further facilitate development by making sure the application and approval process for building a detached tiny home or second dwelling is not so onerous as to deter the interest of existing single-family residential districts.[14]
Amending a city’s zoning ordinance to permit tiny homes is not only one of the most cost-effective options for providing affordable housing in an existing community, but also one of the swiftest options available.[15] Typically, an endeavor to create affordable housing is costly because it requires large-scale construction and development, which can be a slow process and may require a variety of government subsidies and approvals.[16] Tiny homes offer a uniquely economical approach to increasing the availability of affordable housing because the local government must merely amend the definitions within existing zoning ordinances in order to initiate development. The cost of tiny homes is almost entirely shifted to the private market.[17]
Three of the most common concerns that arise when permitting the use of tiny homes in residential zones are the impact on the character of the community, the effect on the property value of adjacent lots, and the potential burden on parking.[18] As illustrated below, there are various ways to draft ordinances to help the community control the impact that permitting tiny homes may have on an existing community.
EXAMPLES
Spur, Texas
The City Council of Spur, Texas proclaimed it was the first tiny home friendly town in the nation in July of 2014.[19] The Council realized the popularity of tiny homes due to the economic feasibility and freedom associated with them. [20] Additionally, the town saw tiny homes as a way to facilitate local growth.[21] The ordinance generally permits tiny homes in the city by right.[22] However, individuals need a variance to have a tiny home in seven of the city’s subdivisions.[23] Additionally, all builders must acquire a permit prior to building and the permit application must contain descriptions of the materials being used, plat or blueprints which identify connection to utilities, and the legal property description.[24]
Tiny homes on wheels are not permitted, unless the wheels are removed and it is tied to a foundation.[25] Otherwise, the tiny home must have a cement footing of at least six inches.[26] Additionally, the tiny home must be connected to the city utilities, and compositing toilets are not permitted.[27] To qualify as a tiny home, it must have less than 900 square feet of living space.[28] However, there is not a minimum requirement of square feet living space.[29] With this tiny home ordinance, the town is able to regulate what is built, while still allowing a viable option for affordable housing.
To view the ordinance, see Spur, Tex., Ordinance 677.
Fresno, California
The Fresno, California zoning code permits use and construction of tiny homes as permanent dwellings and provides for second dwelling units, backyard cottages, and accessory living quarters as a specific type of permitted use in residentially zoned lots.[30] The purpose of Fresno’s land use ordinance is to permit second dwelling units as an accessory use to single-unit dwellings and set standards for those second dwelling units that ensure compatibility of new units with the character of existing neighborhoods.[31] The Fresno ordinance requires a minimum lot size of 6,200 square feet in order to obtain a permit for a second dwelling unit, and a minimum lot size of 6,000 square feet for backyard cottages.[32] The city’s district standards specifically prohibit even minor deviations and/or variances when meeting minimum lot sizes.[33] Similarly, the Fresno ordinance also implements a maximum floor area requirement for second dwelling units and limits the maximum number of accessory dwelling units that can be located in residentially zoned lots, stating that there can only be one in addition to the primary dwelling.[34]
One notable aspect of the Fresno ordinance is the six-component definition of a tiny house it added to its code.[35] Within this definition, the city heightened specific safety requirements by referencing independent product safety standards.[36] In order to preserve the character of the neighborhood and protect the integrity of the community, the Fresno ordinance requires that there be an all-weather surface path to the second dwelling unit from the street frontage.[37] Requiring a path from the accessory unit to the street front seems to add an element of permanence to the structure’s character, which is often thought to preserve those romantic qualities of the neighborhood that render it “residential.”[38] The Fresno ordinance goes further to permit use of a tiny home on wheels as a second dwelling unit.[39] However, in line with the purpose of this ordinance to permit permanent residence of second dwelling units, the language of the code qualifies this feature by including that in order to be in compliance, the unit, if it has wheels, must be skirted and not designed to move on its own.[40]
To view the provision see Sec. 15-2754. – Second Dwelling Units, Backyard Cottages, and Accessory Living Quarters.
ADDITIONAL EXAMPLES
Walsenburg, CO, Ordinance No. 1045 (granting authority to approve variances to minimum size requirements so that “tiny houses” (houses less than 500 square feet but permanently attached to the ground) can be constructed in areas zoned for residential use.)
Gold Beach, OR, Ordinance No. 660 (permitting use of a tiny home as a separate single-family dwelling in an existing residential zone, requiring a total square footage of between 200 and 600, on same lot as primary dwelling, and further requiring connection to city sewer services).
A Government's Guide to Tiny House Regulation (article discussing tiny house movement in general, including case studies to illustrate various ways in which local governments are regulating tiny homes).
Accessory Dwelling Unit Model Ordinance (detailed report from Rockingham Planning Commission that includes explanations for specific provisions contained in a model ordinance).
ADDITIONAL RESOURCES
2018 International Residential Code for One- and Two-Family Dwellings, Appendix Q, https://perma.cc/VRL4-N666.
I Devon Thorsby, The Big Impact of Tiny Homes: How Little Houses Are Changing Real Estate, U.S. News & World Report (Aug. 5, 2016, 11:07 AM), https://realestate.usnews.com/real-estate/articles/the-big-impact-of-tiny-homes-how-little-houses-are-changing-real-estate.
CITATIONS
[2] Tiny House, 2018 I.R.C. Appendix Q https://perma.cc/VRL4-N666 (giving guidance on requirements for tiny houses on foundations).
[3] Id.
[4] “Living Tiny Legally, Part 1” of a 3-part docu-series by Tiny House Expedition, and educational Resource for Tiny House Advocates and Policy Makers https://www.youtube.com/watch?v=ZfLAKgJGc2g
[5] “Living Tiny Legally, Part 1”
[6] Rockingham Planning Commission, “Accessory Dwelling Unit Model Ordinance”
[7] Homelessness and Housing Toolkit for Cities, “’Tiny Homes’ As Permanent Housing – Zoning and Code Limitations,” 23, Association of Washington Cities and Municipal Research Center (2017) https://perma.cc/N5SW-P467.
[8] Id.
[9] Id.
[10] Id. (noting most tiny homes tend to be larger than 120 square feet).
[11] David Eisenberg, “2018 Tiny Houses Appendix Q in International Residential Code,” Northwest EcoBuilding Guild, https://perma.cc/D8JJ-L496 (citing statistics from US Census Bureau for proposition that a steady increase in the cost of building an average home in the United States in conjunction with a stagnant level of average annual income in the past several years has contributed to willingness to entertain “tiny houses” in the IRC).
[12] “Living Tiny Legally, Part 1”
[13] Id.
[14] Id. (suggesting streamlining approval processes for necessary permits in order to make the application process less burdensome to interested property owners).
[15] Id.
[16] Id.
[17] See Id.
[18] Cobb and Dvorak supra at 9.
[19] Welcome to Spur, SpurFreedom, https://perma.cc/NHD8-JTNM (last visited May 23, 2018).
[20] Id.
[21] See The Most Complete Resource on the Tiny House Movement in Spur, Texas, Spur Tiny Houses, spur.lifeonthe.cloud (last visited Mar. 14, 2018).
[22] Spur Tiny House Packet, www.spurfreedom.org/wp-content/uploads/2016/05/Tiny-House-Packet.pdf, 9 (last visited Apr. 15, 2018).
[23] Spur, Tex., Ordinance 677, § III(1)-(2) (amended Mar. 15, 2016).
[24] Spur, Tex., Ordinance 677, § III(3)-(5).
[25] Spur, Tex., Ordinance 677, § IV(1).
[26] Id.
[27] Spur, Tex., Ordinance 677, § IV(E).
[28] Spur, Tex., Ordinance 677, § II(1)(H).
[29] See Id.
[30] Fresno, CA., Municipal Code§ 15-2754.
[31] Id.
[32] Id.
[33] Id at 15-2754(C).
[34] Id.
[35] https://perma.cc/9YQU-WKLJ (providing a complete copy of the relevant sections of the City of Fresno Development code as related to accessory dwelling units).
[36] See id.
[37] Fresno, CA., Municipal Code§ 15-2754.
[38] See “Living Tiny Legally, Part 1” (speaking about the importance of preserving residential qualities of the neighborhood, generally indicating that the appearance of “permanency” is one of the most common ways to minimize impact of tiny homes on the existing aesthetic of the community).
[39]See Santa Rosa, CA, City Code § 20-42.130, but see Municipal Code, City of Fresno, CA § 15-2754.