Agenda - Planning Commission - 12/03/2015

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This tiny house is the star of its own YouTube channel, Tiny House Giant Journey. Here's why tiny houses are so tricky. Al- though tiny houses are not generally designed for permanent occupancy, some of them are being purchased by people who intend to use them that way. Most zoning ordinances don't resolve this tension, because they don't ad- dress where or how tiny houses can be used for long-term or permanent occupancy. BUILDING AND OCCUPANCY CODES With the exception of some very rural communi- ties, most cities and counties require that long- term or permanent residential units meet either the locally or state -adopted residential building code (usually some version of the International Residential Code), or the U.S. Department of Housing and Urban Development (HUD) national standards for manufactured housing safety. Since manufactured homes are obviously not constructed like stick -built housing—and since (unlike stick -built housing) they can be moved across state lines in interstate commerce—back in 1974 HUD adopted national safety standards for this type of housing. As a general rule, resi- dential units for long-term occupancy need to meet one of these two sets of standards. Unfortunately for many purchasers, some tiny houses do not meet these requirements. While tiny houses might meet the Recreational Vehicle Industry Association (RVIA) safety stan- dard for highway travel and temporary living, these standards are not the same as the HUD manufactured housing standards for perma- nent living. In fact, the website for CAVCO (a manufacturer of "park model" recreational ve- hicles—which are similar to and sometimes in- clude tiny houses)—states that these vehicles "are not intended for, nor should they be used for, anything other than recreational camping or seasonal use. They are not permanent resi- dences and should not be used as such." For those intending to live in their tiny house full time, the trick is to find a tiny house that not only meets the RVIA standards but also the residential building code or manufactured housing standards. For those intending to live in their tiny house full time, the trick is to find a tiny house that not only meets the RVIA standards but also the residential building code or manufactured housing standards. Or to look fora community that has adopted a building code allowing long-term occupancy of tiny houses. Some communities have done this, and in many communities the ability to use a tiny house for long-term occupancy turns on whether it will be mounted on a permanent foundation and con- nected to utilities. FOUNDATIONS MATTER Let's assume a potential buyer doesn't want to install a tiny house in a campground or RV park, but rather a traditional residential lot. Some communities allow this if the owner removes the wheels (and sometimes the axles); installs the unit on a permanent foundation (or at a mini- mum uses secure tie -downs); and connects the unit to public water, sewer, and electric systems. The logic behind these requirements is that they convert a mobile housing unit into a stationary unit, protect against "blowovers" and other wind -related damage (to the occupants and to neighboring property owners), and make the utility systems safe for long-term operation. As an example, the small community of Spur, Texas, (population 1,245) has marketed it- self as the "First Tiny House Friendly City." Spur permits tiny houses to be used as permanent, primary dwellings by creating an exception to the general building code/manufactured home standard compliance requirement. However, even in this deliberately welcoming community, wheels must be removed, a foundation must be constructed, and the unit tied to the foundation with "hurricane straps," and the unit must be hooked up to local sewer, water, and electric systems. In one well-documented case the cost of the foundation and connections came to about$5,7o0 (Mccann 2015). In some Spurzon- ing districts, tiny houses are permitted by right, but in others a variance is required. Again, there are exceptions. A tiny -house owner might be successful living an off -the -grid lifestyle in areas that are literally far from the grid. In some very rural communities, stick -built ZONINGPRACTICE 11.15 AMERICAN PLANNING ASSOCIATION l page 3