Nationwide Zoning Regulation for Tiny Houses as Accessory Dwelling Units

On October 16, 2023 the FHA approved the financing of tiny houses when created as an accessory dwelling unit or units.  This new approval adds a great deal of legitamacy to the tiny house concept as a means of increasing much needed housing inventory and boosting the tax revenue per lot for towns that adopt the regulation change. 

A nationwide zoning regulation for Tiny Houses as Accessory Dwelling Units was drafted by Steve Schappert of Connecticut Real Estate.

Purpose: This proposed regulation aims to promote affordable housing options, maximize land use, tax revenue and support sustainable living by allowing tiny houses to serve as legal ADUs. This is to be viewed as a living document and will be honed by meeting with local zoning officials.  The document will grow and become refined after each informal discussion.

Definitions:

  1. Tiny House: A dwelling that is typically under 400 square feet in size, designed for permanent living, and may be on wheels (THOW – Tiny House on Wheels) or on a foundation (stationary tiny house).
  2. Accessory Dwelling Unit (ADU): A secondary, self-contained living unit on the same property as the primary dwelling, which may include a tiny house.

Regulations:

  1. Permitted Locations: Tiny houses used as ADUs are allowed in residential zoning districts where single-family dwellings are typically permitted.
  2. Size and Design:
    • THOW ADUs must comply with the applicable RV standards and safety codes.
    • Stationary tiny house ADUs must adhere to local building codes and size restrictions, which may vary by jurisdiction.
  3. Setbacks and Lot Requirements: Tiny houses used as ADUs must meet the same setback and lot size requirements as primary dwellings in the respective zoning district.
  4. Utilities and Services: Tiny house ADUs must have access to essential utilities, such as water, sewer, and electricity.
  5. Parking: Each ADU must provide off-street parking, as determined by local regulations.
  6. Ownership and Occupancy:
    • The property owner must reside in either the primary dwelling or the tiny house ADU.
    • Rental of the ADU to non-family members may be allowed, subject to local rental regulations.
  7. Accessory Structure: The tiny house ADU must be a secondary, accessory structure to the primary dwelling on the property.
  8. Permitting and Inspections: The construction, placement, and use of tiny house ADUs require the necessary permits and inspections to ensure safety and compliance with local building and zoning codes.
  9. Health and Safety Standards: Tiny house ADUs must meet minimum health and safety standards, including proper ventilation, egress, and fire safety measures.
  10. Community Guidelines: Local governments may establish specific design and aesthetic guidelines for tiny house ADUs to ensure they blend harmoniously with existing neighborhoods.

This framework is a starting point for developing zoning regulations at the local level. When considering such regulations, it’s essential to engage with the local community, housing experts, and legal advisors to ensure that the rules are appropriate for the specific needs and characteristics of each jurisdiction. The regulations can be adapted to local conditions and housing demands, but they should aim to foster affordable, sustainable, and safe tiny house living as an ADU option.

Read the FHA Press Release

Tiny Houses as Multi-Family or Condos

Expanding on the concept of tiny houses as Accessory Dwelling Units (ADUs) within the framework of multi-family or condominium developments offers a novel approach to addressing several critical issues in urban and suburban areas. The integration of tiny houses into these developments can provide a scalable solution to affordable housing shortages, maximize land use efficiency, and contribute to a more sustainable urban development model. Here are additional considerations and benefits to include in your blog page aimed at local zoning offices:

Economic Benefits

  1. Diversification of Housing Stock: Introducing tiny houses as part of multi-family and condo developments diversifies the available housing stock. This can attract a broader demographic, including millennials, seniors, and single-person households, who may be seeking affordable and lower-maintenance living options.
  2. Increased Property Values: Well-designed tiny house communities within multi-family developments can increase property values. Their unique appeal and efficient use of space can attract buyers looking for innovative housing solutions, thereby enhancing the overall value of the development.

Social and Community Benefits

  1. Community Building: Tiny house developments foster a sense of community among residents. The compact nature of these homes encourages interactions among neighbors, potentially leading to stronger community bonds and increased social capital.
  2. Flexibility for Families: Tiny houses within multi-family developments can offer flexible living solutions for extended families, allowing for close proximity while maintaining independence. This setup can be particularly beneficial for families looking to support aging parents or adult children transitioning to independence.

Environmental Benefits

  1. Reduced Environmental Footprint: Tiny houses consume fewer resources in construction and operation, contributing to lower carbon emissions. Incorporating them into multi-family developments amplifies these benefits by efficiently using land and shared resources.
  2. Promotion of Sustainable Living Practices: The tiny house movement often emphasizes sustainable living. Residents may be more inclined to adopt green practices such as composting, minimalism, and reduced energy consumption. These developments can serve as models for sustainable urban living.

Regulatory and Planning Considerations

  1. Innovative Zoning Laws: Local governments should consider adopting flexible zoning laws that accommodate tiny houses within multi-family and condo developments. This might include revising density restrictions, parking requirements, and unit size minimums.
  2. Infrastructure and Services: Planning for tiny house developments should include considerations for shared infrastructure, such as communal green spaces, shared utilities, and waste management systems, to ensure efficiency and sustainability.

Challenges and Solutions

  1. Financing and Insurance: Access to financing and insurance for tiny houses can be challenging. Advocacy for regulatory recognition and the development of tailored financial products can help overcome these hurdles.
  2. Community Resistance: Some communities may resist the introduction of tiny houses due to misconceptions about property values or aesthetics. Engaging communities early in the planning process, offering design guidelines, and highlighting the benefits can mitigate these concerns.

Conclusion

Incorporating tiny houses as ADUs within multi-family and condo developments represents a forward-thinking solution to housing challenges. By addressing affordability, sustainability, and community building, this approach can contribute significantly to the diversification and enrichment of housing options. As local zoning offices consider these regulations, it’s crucial to engage in a comprehensive dialogue with stakeholders, including developers, residents, and environmental experts, to create inclusive, sustainable, and vibrant communities.


This information was created by Stephen E. Schappert of Connecticut Real Estate and may be used with permission.  Call  for free consultation 203-994-3950

Nationwide Zoning Regulation for Tiny Houses
Nationwide Zoning Regulation for Tiny Houses
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