Proposed State College Borough Tiny House Ordinance

What follows is my proposed "Tiny House" ordinance. This could also be known as a Movable Accessory Dwelling Unit or MADU ordinance, if you'd like to seek out comparable ordinances. I'm looking forward to comments from the community to see if we can get this passed in the State College borough and eventually the other five municipalities of the Centre region!

• Lot/Zoning Requirements

  • Tiny houses shall not be used except on lots used for single family homes

  • The tiny house shall not be located between the primary dwelling unit and the street adjoining the front yard

  • Not more than one tiny house shall be permitted in single family lots

  • A movable tiny house and an ADU may be permitted on the same property, provided that the ADU is occupied by an owner or relative of the owner 

• Site Preparation

  • Tiny houses must be placed on a clearly defined pad composed of compacted limestone or soil, asphalt or a concrete foundation that is large and stable enough to support the tiny house. This pad shall be inspected for compactness, drainage, and runoff and utilities will be adopted that are suitable for the pad

  • Tiny house sites must obey existing setbacks for accessory structures

  • The footprint of the pad or foundation, when added to other structures, shall not cause a violation of lot coverage ratio requirements

  • If placed on compacted limestone/soil or asphalt, tiny house must be stabilized with leveling jacks and a vapor barrier must be placed to 

  • If placed on a concrete foundation, the tiny house shall be tied to footers

  • The tiny house shall be skirted so to hide the undercarriage, prevent heat loss and minimize moisture under the tiny house

  • The skirted undercarriage shall the ventilated so to prevent rotting and rusting of the undercarriage

  • Tiny houses shall be road worthy and maintain weight on inflated tires

  • If a tiny house has the weight removed from wheels, becomes tied to a foundation or footers, or undergoes any other method of permanent affixation, the tiny house is thereafter classified as a 'building' and is subject to all regulations of CRCA. CRCA shall be notified of any tiny houses undergoing any method of permanent affixation in a timely manner so as to allow for inspection before the unit is placed in service

• Utilities

  • Tiny houses used as dwellings shall contain all necessary utilities for long-term residence including bathroom, kitchen and sleeping quarters

  • Water inlets shall be wrapped so to prevent freezing

  • Sites shall be inspected by SEO to ensure that an approved method of sewage and grey water disposal are used. Approved methods are as follows

    • Public Sewer

    • Septic Tank

    • Closed Composting System

  • Short-term rental in tiny houses that use a composting system shall be capped at 14 days per year. At least two forms of directions for short-term guests on appropriate use of composting toilet systems shall be conspicuously posted or communicated to guests.

  • Tiny houses shall employ a runoff prevention method such as a rain barrel, sump/drain or rainwater recycling system, such as to prevent degradation of the pad and excessive moisturization of the undercarriage

  • Tiny houses shall meet or exceed local energy code for buildings 

• Dimensions and permitting

  • Tiny houses shall not be more than 500 square feet or less than 88 square feet unless classified as an emergency shelter and be no higher than 13.5 feet

  • Tiny houses shall conform to appendix Q with respect to all safety measures including fire escapes for lofts, regardless of the type of foundation or mobility

  • Tiny houses must conform to and be recognized by an accepted safety standard

    • ANSI 119.5 (RV Code)

    • UCC

    • HUD

    • NOAH

    • Bildsworth

  • The tiny house may not be a vehicle that can move under its own power

• THRB

  • Before a tiny house may be placed on a property, a permit application must be accepted by the THRB. The THRB shall:

    • Review the site plan to assess compliance with district codes

    • Inspect the site to ensure that placement and removal of the tiny house is possible and safe

    • Review the certification of the tiny house for conformity to an accepted standard

    • Perform architectural and comparative market analysis to assess neighborhood conformity or enhancement prospect

    • Assess utility hookups, sustainability analysis and project budget and proposes changes to ensure sustainability/affordability targets are met

    • Accept comment from neighbors for 30 days to ensure that the character, spirit and relationships in each neighborhood are respected

    • Adjoining neighbors may move to require the property owner to build a suitable privacy fence or sufficient visibility obstructions, and the board can require it if it is deemed appropriate

    • If the tiny house is deemed to be significantly non-conforming, the board shall require property owners to notify neighbors of the tiny house and allow 30 days for comments. Motions may be made to require it to be hidden from the street and/or to require a privacy fence, or to deny the permit

    • Board shall apply the THAPT (Tiny House Affordability Program test)

      1. If the appraised value of a property where a tiny house permit is granted exceeds the federal conforming loan limit (currently $726,200 as of 2023) or where gross household income exceeds the threshold of the federal %32 tax bracket (currently $364,201 as of 2023), tiny house owners shall be required to pay an additional 3% of gross revenue as part of the yearly license renewal process

      2. Funds from this programs shall be applied to the general fund of borough affordable housing programs

  • The THRB shall be selected by Borough Council and shall report directly to borough council on a regular basis on progress of the program. The THRB shall be required to report any issues of concern to the community in a timely fashion, with due consideration given to confidentiality of issues pertaining to applicants.

  • The THRB shall have the power to impose fees as is deemed necessary to ensure the continuation of the program, including sliding income-based fees and permit fees that cover expenses related to inspection and to support education and emergency housing initiatives 

• Usage Regulations

  • Permitted uses of a tiny house are as follows: 

    • home occupations as permitted by existing zoning

    • home businesses as permitted by existing zoning

    • short term rental

    • student rental

    • medium term rental

    • long-term rental

    • owner occupation

  • If any permitted rental uses are employed, tiny houses must first pass rental housing inspection for buildings regardless of its status as a building or a vehicle

  • Emergency shelter is a conditional use of a tiny home. Refer to the pertinent provision in this ordinance

  • Deeded owners or relatives of owners must occupy primary residence during all rentals excepting 14 days per year

  • No gatherings larger than 16 people shall be permitted

  • Rental occupancy shall not exceed 6 persons

  • Rentals shall not extend to any facilities of the primary structure except for the garage

  • All parking ordinances pertinent to the permitted use of the tiny house shall apply

  • All nuisance ordinances applying to short term rentals shall extend to tiny houses

• Provisions for Emergency Shelters

  • Shall be no smaller than 64 square feet

  • Must have toilet and sleeping quarters and food storage but are not required to have a kitchen or shower

  • Shall be required to have a 'person-in-charge' who supervises the shelter for safety of inhabitants and of the community.

  • PIC's shall be certified human service professionals or take a certification course on shelter management administered by the THRB

• Amnesty

  • From the adoption of this ordinance, there shall be an amnesty period of 180 days for existing structures that fit the definition of an MADU or tiny home to become permitted under an acceptable safety standard

I encourage everyone to post comments on the State College Tiny House Initiative Facebook group or to contact me directly. Looking forward to hearing your thoughts!