Tiny House 101 – The basics of tiny houses – Building code vs. Zoning



Tiny House 101 – The basics of tiny houses – Building code vs. Zoning

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Tiny House 101

The basics of tiny houses

More: Source|Help

Version: 1.0.0

Topics

  • What is a tiny house?
  • Types of tiny houses
  • Building code vs. Zoning
  • Where can I put my tiny house?

What is a tiny house?

Let's poll the audience, using your fingers, vote on what makes a tiny house.

800sqft 500sqft 400sqft 300sqft 200sqft

In reality, the size of a tiny house is personal choice. Everyone has a different size definition, and there is no right or wrong answer.

Types of tiny houses

ADU

An ADU (Accessory Dwelling Unit) has many names like "Granny flat", "Mother inlaw apartment", and "Carrage house". An ADU is a second dwelling on a single lot. Some cities require an owner to live in one of the residences, while others do not.

ADU

Pro:

  • Legal in many metropolitan areas
  • Stay put when you get older
  • Rental income on main property
  • Freedom with layout

ADU

Con:

  • Highest initial investment
  • Maintain two properties
  • Permits required to make changes
  • Can't be moved

THOW

A THOW (Tiny House on Wheels) is used to reffer to a certain style of house on wheels. Schoolbus conversions, motor homes, and campers are not considered to be THOW despite the fact that a THOW is legally the same as them. It's best to think of a THOW as a custom RV.

THOW

Pro:

  • Least expensive option
  • Paid for up front
  • Permitless changes
  • Can be relocated

THOW

Con:

  • Suffers from the elements the most
  • Can't be relocated frequently
  • Limited width and height
  • Least legally recognized option
  • Least accessible for people with disabilities

Foundation

A foundation based tiny house is just as you might imagine. A traditional house on a foundation.

Foundation

Pro:

  • More traditional, more acceptance
  • Freedom with layout
  • Large selection of experienced builders
  • Better longevity

Foundation

Con:

  • Loan process
  • Permits required to make changes
  • Can't be moved

Other

There are many types of tiny homes, including but not limited to:

  • Campers
  • RVs
  • School bus
  • Trucks
  • Yurt

Building code vs. Zoning

No I didn't just call you a couple of swear words.

Understanding the differences between these two items makes you a tiny house pro, because I said so. The quickest way to determine if someone is knowledgeable in the movement is to see if they know the difference.

Zoning

One definition for zoning is:

"Divide (a town or stretch of land) into areas subject to particular planning restrictions."

Zoning

Zoning has two important functions, the first is to prevent undesirables from showing up in your neighborhood. No, not that kid with the purple hair. Think along the lines of a Meat processing plant, chemical factory, a bar, or even a 24/7 convenience store. It also keeps a resident from moving into a highly industrial zone, and demand expensive changes from all the businesses to make the area more liveable.

Zoning

The second function of zoning is to ensure infrastructure isn't over taxed. Imagine if you lived on a block with 8 houses. If all 8 houses flushed their toilets at the same time the sewer is at 60% utilization. Suddenly 8 more homes are built on the same sewer line. When 16 homes flush their toilet at the same time, the low man on sewer line loses. It's much more than the sewer, it's the electrical, potable water, parking, rain water runoff, etc.

Zoning

True or false, zoning prevents you from living in a THOW nearly everywhere.

False, ordinances prevent you from living in a THOW nearly everywhere.

Zoning

True or false, zoning limits the square footage of foundation based tiny homes nearly everywhere.

True.

Zoning

Why doesn't the city get rid of the minimum square footage requiremnet?

There isn't one specific reason, a few reasons are:

Zoning

  • Community acceptance
  • Property tax
  • Uneducated

Zoning

Are there any work arounds?

You can ask the city for a variance on the property. The application process is time consuming and costs money. You may be required to notify all your neighbors, and if any object you could be denied the variance. Even if all your neighbors are good with it the city can still reject the variance if they feel it doesn't add to the community.

Building code

One definition of building code is:

A building code, or building control, is a set of rules that specify the minimum standards for constructed objects such as buildings and nonbuilding structures.

Building code

Building code does have specifics about square footage in it. Though the square footage requirements are very reasonable and seem to be getting better and better as time goes on. At one point you needed to have a 50sqft kitchen and a 140sqft habitable room. The kitchen requirement was dropped years ago, and as of 2015 the 140sqft requirement has been dropped as well.

Building code

This means that any community that has embraced the 2015 IRC, or a subset of it, would allow a home with a square footage of just 70sqft.

Where can I put my tiny house?

The single most frequent question that anyone with tiny house knowledge gets is, "Where can I park a tiny house on wheels?". We're going to explore the two "categories" of parking a THOW, illegal and legal.

Where can I put my tiny house illegaly?

The sky is the limit on where you can illegaly put a tiny house. Common places include in the backyard of someone you know, on your own piece of land, or even in RV parks.

Why can't I park in an RV park?

This is one of those weird state dependent items. In Minnesota for example in order to stay for any length in an RV park you must be in a RV built by someone RVDA/RVIA certified. If your THOW isn't certified a state inspector can evict and even possibly fine you.

I won't get caught

hahahaha

Where can I put my tiny house legally?

Research Basics

  • Have an address handy
  • Start with the most specific juridiction first
  • Contact the planning department first
  • Never used the words "tiny" and "house"

ADU

Researching where you can legally put an ADU is the single most simple thing to do, all you need to do is reach out to the planning department and ask.

ADU - Example

"I was wondering if I could build an ADU on my property zoned R1? Do you have square footage rerquirements or homestead requirements to build one?"

Foundation

When researching on a foundation make sure to specify new construction for tax purposes.

Foundation - Example

"I'm about to inherit land zoned R1 from family, do you have minimum and maximum structure size requirements for new construction? What about minimum lot size?"

On Wheels

There are many angles you need to research if you want to be on wheels.

Trailer - Example 1

"What sort of ordinances do you have in place to limit where recreational vehicles are parked, and how do you decide if something is a recreational vehicle? I don't want to purchase something I can't store on my land."

Trailer - Example 2

"What sort of ordinances do you have in place to define temporary housing? I want to be prepaired in case of natural disaster."

Trailer - Example 3

"I think I saw someone living out of a ice fishing shack in my neighborhood, is that legal in our city?"

Trailer - Combined

"I was thinking about purchasing a custom built RV to live in should a natural disaster strike. Which ordinances would you recommend I read in order to make sure I'm doing it legally and not upsetting my neighbors?"

Tiny House 101 The basics of tiny houses More: Source|Help Version: 1.0.0