Tiny Homes and Compact Living Spaces

• Author: Kerrigan Owens
• Pages: 45-50

Part I: Remove Code Barriers 45

TINY HOM ES A ND

COMPACT LIVIN G 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”)

denes a tiny house as a dwelling t hat has a oor area of 400 square feet or

less, excluding lofts.2 In addition, the IRC model denition 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 esc ape and

rescue openings speci cations.3 A local government can permit permanent

occupancy of “tiny homes” by amending its zoning code to specica lly per-

mit 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 denition of “detached second dwelling unit”

and/or “single/family home” under permitted land uses in the local zon-

ing ordinance and the specications set out for tiny homes.5 Alternatively,

minimum specications for homes, such as square foota ge, 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 build ing inspe ctor.6 e existing denitions of permitted uses in the

development code can be used to determine how and whether a tiny home

should be per mitted.7 In addition to the content of the permitted use and

required structure specic ations, any community considering an ordinance

permitting tiny homes as permanent dwellings should provide for:

• Zones Where Allowed: e city should identify specic districts where

the tiny homes are permitted, depending on how they are dened in

the code.8

• Standards Applied to Tiny Homes: All applicable zoning sta ndards

should apply to tiny homes if they are being regulated as sing le-family