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HomeMy WebLinkAboutPacket - 02/19/2020 - Planning and Zoning Commission The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. PLANNING AND ZONING COMMISSION MEETING NOTICE DATE: Wednesday, February 19, 2020 TIME: 7:30 p.m. PLACE: McHenry Municipal Center (Council Chambers) 333 South Green Street, McHenry, IL 60050 AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Public Input – (five minutes total on non-agenda items only) 5. Consideration of Approval of Meeting Minutes: January 29, 2020 Regular Meeting 6. Zoning Text Amendments: a. Landscape Ordinance - Preliminary Discussion b. Micro-Housing Ordinance - Preliminary Discussion 7. Staff Report: Next Meeting Date: March 18, 2020 at 7:30 p.m. 8. Adjourn City of McHenry Planning and Zoning Commission Minutes January 29, 2020 Chairman Strach called the January 29, 2020 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Lehman, Strach, Sobotta, Thacker, and Walsh. Absent: Gurda, Doherty. Also in attendance were City Planner Cody Sheriff, Director of Economic Development Martin and Economic Development Coordinator Wolf. Chairman Strach opened the public portion of the meeting at 7:30 p.m. There was nobody in attendance who wished to address the Commission with public comment. Approval of Minutes Motion by Thacker seconded by Lehman to approve the December 18, 2019 Regular Meeting minutes of the Planning and Zoning Commission as presented: Voting Aye: Lehman, Strach, Sobotta, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: Walsh. Absent: Doherty, Gurda. Motion carried 4-0. Public Hearing: Mark E. and Georgene L. Reinwall Z-959 3816 W. Bull Valley Rd. Zoning Map Amendment to C-5 (Highway Commercial) upon Annexation to the City of McHenry, Conditional Use for Outside Storage in Conjunction with a Contractors Office and Use Variance to Maintain a Residence for a Period not to Exceed (15) Years Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No. Z-959 an application for a Zoning Map Amendment to C-5 (Highway Commercial) upon Annexation to the City of McHenry, Conditional Use for Outside Storage in Conjunction with a Contractors Office and Use Variance to Maintain a Residence for a Period not to Exceed (15) Years at the property located at 3816 W Bull Valley Road. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on January 12, 2020. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance was Attorney Craig Krandel, Timm & Garfinkel, 407 Congress Parkway, Suite E, Crystal Lake, IL 60014 and Mark and Georgene Reinwall, 3816 W. Bull Valley Rd, McHenry, IL Planning and Zoning Commission January 29, 2020 Page 2 60050. Attorney Krandel stated the Reinwalls are seeking annexation, conditional use and a use variance. He recommended limiting the use of the residence to the Reinwall’s residency rather than a 15 year limit. Attorney Krandel opined the letter in opposition due to storm water requirements was an issue caused by error on the county’s part and Reinwalls are taking care of what needs to be done to correct the error. He stated thee are no issues with any of the adjoining properties and feel it is a good use of the property and it is important for them to live on that property for as long as they need. The Krandels have stated they will comply with any requirements on storm water if or when the need arises. City Planner Sheriff gave the Staff Report beginning with reading a letter received from Rosemary Swierk, Managing Member for RJ Properties, owner of an adjoining property located at 414 S. Route 31. Planner Sheriff stated the applicants are requesting a Zoning Map Amendment upon Annexation to the C-5 Highway Commercial District, a Conditional Use Permit for Outside Storage in conjunction with a contractor’s office, and a Use Variance to allow a single-family residence for a period of up to fifteen (15) years for the property located at 3816 W Bull Valley Road for the business Mark’s Tree Service. The subject property is currently zoned A-1 Agriculture District in unincorporated McHenry County. The applicants currently occupy the single-family residence on the property which also serves as the headquarters for Mark’s Tree Service – a commercial and residential tree removal service. According to the applicants’ business website, Mark’s Tree Service has been serving the greater McHenry area since 1987. Planner Sheriff stated the applicants added approximately 17,700 sf of impervious surface to accommodate additional outside storage and after discussion with the Reinwalls they have agreed to apply for a storm water permit upon annexation to the City. The subject property currently has an open Request for Enforcement (RFE) with McHenry County for the operation of a landscape business without a conditional use permit. Additionally, a Storm water Management Permit was not applied for the impervious surface expansion. Although the property is in violation of the McHenry County Storm water Management Ordinance, the County is not pursuing this violation because of the pending Annexation Agreement with the City. If the City Council approves the Annexation Agreement, this would resolve the open RFE and the Storm water Management Ordinance violation. Any future expansion of the impervious surface footprint would require a Storm water Management Permit from the City. Planner Sheriff stated the proposed Zoning Map Amendment to the C-5 Highway Commercial District is consistent with the City of McHenry’s Future Land Use Map Designation of Commercial. Staff also believes the continued operation of the existing tree removal service with a Conditional Use Permit for outside storage would have minimal impact on the surrounding land uses. Staff does not object to the applicants’ request for a Use Variance to allow a single-family residence on the property for a period of fifteen (15) years. However, staff would recommend Planning and Zoning Commission January 29, 2020 Page 3 occupancy of the existing single-family residence be limited to the current property owners (Mark E. and Georgene L. Reinwall) in lieu of a timeframe requirement. If the applicants’ request is not approved, then the use would be deemed nonconforming. The applicants would not be able to repair or replace the single-family residence if damaged or destroyed to the extent of 33% or more of its equalized assessed value. Staff believes all zoning map amendment approval criteria is met and does not object to the applicants’ request for a Zoning Map Amendment to the C-5 Highway Commercial District upon annexation. Staff recommends Approval of a Zoning Map Amendment to the C-5 Highway Commercial District upon Annexation for the property located at 3816 West Bull Valley Road and Staff believes all Zoning Map Amendment Approval Criteria are met. Staff recommends Approval of a Conditional Use Permit for outside storage in conjunction with a contractor’s office for the property located at 3816 West Bull Valley Road subject to conditions as presented and Staff believes all Conditional Use Permit Approval Criteria are met. Staff does not object to the applicants’ request for a Use Variance to allow a single-family residence on the subject property and recommends approval subject to conditions as presented and Staff believes all Use Variance Approval Criteria are met. Chairman Strach invited questions and/or comments from the Commission. Comissioner Strach stated storm water permits are required for 20,000 sf of impervious surface or more. The storm water permit would not be required for 17,000 sf and any issues can easily be resolved after annexation. Commissioner Thacker stated his agreement. Commissioner Sobotta asked, in regard to the County Request for Enforcement of storm water management, how long issues were in affect with their ordinances. Attorney Krandel stated it was over a 32 years period and the county didn’t realize the property was not in McHenry City Limits and missed the need for storm water management but when the county changed their ordinance it was back on the radar. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:50 p.m. Planner Sheriff explained the City cannot require anything of the property owner until they are annexed to the City and they feel adding a condition requiring the minor storm water management permit after annexation will be adequate. Motion by Walsh seconded by Thacker to recommend to the City Council with regard to File No. Z-959, approval of a Zoning Map Amendment to the C-5 Highway Commercial District upon Annexation for the property located at 3816 West Bull Valley Road and that all Zoning Map Amendment Approval Criteria are met. Planning and Zoning Commission January 29, 2020 Page 4 Voting Aye: Lehman, Sobotta, Strach, Walsh and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Gurda. Motion carried 5-0 Motion by Walsh seconded by Lehman to recommend to the City Council with regard to File No. Z-959, Approval of a Conditional Use Permit for outside storage in conjunction with a contractor’s office for the property located at 3816 West Bull Valley Road subject to the following conditions, as amended: 1. Outside storage of commercial vehicles and equipment shall be limited to north of the frame garage identified on the plat of survey certified on September 19, 2019. 2. No outside storage shall be located within the existing green spaces. 3. The property owners shall maintain the existing landscaped screening. 4. The property owners shall be responsible for replacing any landscaped screening that is damaged or destroyed. 5. The property owners shall be responsible for installing new matching landscaped screening if any structures that provide screening are removed. 6. All commercial vehicles and equipment stored outside shall be related to the site’s existing business operations. 7. All commercial vehicles and equipment stored outside shall be in operable condition. 8. The outside storage of bulk materials is prohibited unless enclosed within a storage container. 9. All other federal, state, and local laws shall be met. 10. The property owner will apply for a minor storm water management permit within 30 days of annexation to the City; And that all Conditional Use Permit Approval Criteria are met. Voting Aye: Lehman, Sobotta, Strach, Walsh and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Gurda. Motion carried 5-0 Motion by Sobotta seconded by Thacker to recommend to the City Council with regard to File No. Z-959, approval of a Use Variance to allow a single-family residence on the property located at 3816 West Bull Valley Road subject to the following conditions: 1. Either Mark E. or Georgene L. Reinwall must concurrently occupy the residence. 2. All other federal, state, and local laws shall be met; And that all Use Variance Criteria are met. Planning and Zoning Commission January 29, 2020 Page 5 Voting Aye: Lehman, Sobotta, Strach, Walsh and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Gurda. Motion carried 5-0 Chairman Strach closed the Public Hearing regarding File No. Z-959 at 7:55 pm. Staff Report Planner Sheriff informed the commission the City is in the final round of a grant application to update the Comprehensive Plan. He stated the City will be looking at zoning text amendments in the future possibly looking at a Unified Development Ordinance focusing on the landscape ordinance, subdivision ordinance, and on gravel pit related updates. He asked commissioners to let him know if there were any text amendments they would like to see reviewed. Commissioner Strach stated he hopes to use months with no scheduled hearings to have the commission hold discussion on zoning and code updates needed. Adjournment Motion by Sobotta seconded by Lehman to adjourn the meeting at 8:10 p.m. Voting Aye: Lehman, Strach, Sobotta, Walsh and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Gurda. Motion carried 5-0. The meeting was adjourned at 8:10 p.m. Respectfully submitted, __________________________________ Shawn Strach, Chairman City of McHenry Planning & Zoning Commission Text Amendments ‐ Preliminary DiscussionCrystal Lake Woodstock McHenry County CMAP Recommendations Existing ProposedHeight 6 feet3 feet with ROW separation, 6 feet side/rear yard6‐foot Opaque Wall/Fence5 feet6 foot opaque wall/fenceO1‐2,C1‐5, I1‐2 = 15 FeetRA‐1, RM1‐2 = 10 feetLandscaping CompositionBerm, fence, or hedge1 shade tree per 25ft; 1 shrub per 3‐feetCanopy‐CanopyCanopy‐Canopy, 1 shrub per 3 feet.NoteAdministrative WaiverZoning District Residential UseB2‐B4 20B5, M1‐230Residential Landscape Buffer ScreeningThrough setback requirements. No specific landscape width. (See below)Woodstock Use Setbacks5‐feetWidth5 feetEncourage the Use of Native Plants.Variable Use Chart (See below charts)Page 1 of 5 Text Amendments ‐ Preliminary DiscussionCrystal Lake Woodstock McHenry County CMAP Recommendations Existing ProposedSize 8'x19' 160 square feetEqual to stall length and width8'x15' 8'x15'Spacing per 10 spaces per 20 spaces per 20 spaces per 15 spacesper 20 spaces for rows greater than 40.End Rows Yes No Yes Yes YesLandscape Composition Per Island1 ornamental/shade tree , 5 shrubs1 shade or ornamental tree1 shade tree, 75% plantedNative plantings."intent is to have shade trees"1 shade tree per islandOtherWaiver for stormwater best management practices and green infrastructure components. Administrative waiver.NotesCenter island rows eliminated.Parking Lots ‐ Landscape IslandsLandscaped Island every 10 spaces with 25‐30% tree canopy coveragePage 2 of 5 Text Amendments ‐ Preliminary DiscussionCrystal Lake Woodstock McHenry County CMAP Recommendations Existing ProposedNext to ROW15 feet wide, one tree, 10 shrubs (avg 3ft), every 40 lineal feet50 percent screened, 3ft height, no widthNot Next to ROW8 feet in width, 1 tree, 5 shrubs (ang 3ft height), every 40 lineal feet100 percent screened, 3ft height, no widthNext to Residential6ft solid screen berm, fence, or evergreen plantings100 percent screened, 6ft height or 3ft height if ROW is between parking lot and residential, no widthParking Lot Perimeter Landscaping5 feet in width, 1 shrub 18 inches at planting and minimum of 3 feet at maturity for every 3 feet of landscape length. Low 3ft pedestrian wall may  be used instead. Native plantings.10 feet wide, varying species and size of shrubs (min. 3‐4ft height), trees, and berming. Trees minimum 7 feet canopy height. Densely clustered. For lots containing more than 5 spaces. See Table Below.Page 3 of 5 Text Amendments ‐ Preliminary DiscussionCrystal Lake Woodstock McHenry County CMAP Recommendations Existing Proposed5‐foot wide, "interesting pattern of tress and shrubs", exceptions for drive‐thru lanesEvergreens. All mechanical equipment shall be screened from view. "softening large expanses of building walls" "accenting entrances and architectural features of buildingsNone Native plantings. See Below See Below.Existing Proposed* For on‐site plantings each building shall include a minimum of one (1) shade tree in frontage areas with a minimum 4” caliper (at maturity) for each thirty (30) l.f. of building frontage. It is recommended that trees be grouped in clusters. Other landscape materials such as shrubs, grasses and turf shall make up the remainder of the required area.Non‐Residential Building Perimeter LandscapingPage 4 of 5 Text Amendments ‐ Preliminary DiscussionCrystal Lake Woodstock McHenry County CMAP Recommendations Existing Proposedlandscape = 20% of paved parking area shall be planted.Landscape area equal in size to at least 10% of a parking lot area shall be planted on‐site.60% within parking lotmixture of plants40% within Exterior Parking LotBuilding and parking landscaping can be used towards requirement.PurposeOther Landscaping Ordinance ChangesSite LandscapingNoneDuring building permit reviews, staff have encountered many instances where requirements were almost substantially met but would have required a minor variance. Or in cases with site specific challenges and excessive cost burdens ‐ often on sites that have commercial or industrial uses that have existed for decades. Staff believes requiring all deviations from the landscape ordinance to recieve a variance is excessive and prohibitive of new commercial development or remodels. Staff would still have the ability to require deviations to recieve a variance if deemed appropriate. Administrative WaiversN/A N/AAll landscaped areas shall be 90% living materials. Page 5 of 5 VIII. LANDSCAPING & SCREENING A. PURPOSE B. SCREENING STANDARDS 1. RESIDENTIAL SCREENING STRIP…. 2. PARKING LOT PERIMETER LANDSCAPING…. 3. PARKING ISLANDS…. 4. SITE LANDSCAPING…. 5. BUILDING PERIMETER LANDSCAPING… C. LANDSCAPE PLAN SUBMITTAL REQUIREMENTS D. TREE PRESERVATION E. LANDSCAPE MATERIALS F. INSTALLATION PROCEDURES G. MAINTENANCE OF LANDSCAPING H. CONDITIONAL USES A. PURPOSE. The purpose of the requirements in this section is to provide for landscaping and screening of parking and other outdoor areas that will: (MC-91-553) 1. Protect residential environments from effects of more intensive adjacent uses; 2. Protect users of parking areas from excessive wind, glare, and temperature extremes; 3. Reduce the adverse effects on public streets and adjacent properties of noise, blowing dust and debris, and motor vehicle headlight glare; 4. Discourage unsafe access to and circulation within off-street parking areas; 5. Allow for a degree of flexibility to accommodate property owners based upon unique site specific circumstances; 6. Contribute to improved community appearance and maintenance of property values; 7. Promote environmental conservation; and 8. Be functional with deciduous trees providing natural shading for windows in the summer and evergreen trees providing year round screening and protection from the winter wind. B. LANDSCAPE SCREENING STANDARDS. 1. RESIDENTIAL SCREENING STRIP. The purpose of the residential screening strip is to provide a healthy buffer between residential uses and more intense commercial or industrial uses. Table B.1: Uses Requiring Residential Screening Strips (MC-08-960) If the below zoning district locates next to… …the below zoning district. Screen Strip Area for Side and Rear Yard Minimum Height O 1-2, C 1-5, I 1-2 E, RS 1-4, RA-1, RM 1-2 15-foot 5-feet RA-1, RM 1-2 E, RS 1-4 10-foot 5-feet * Applies also when yard is adjacent to an improved or unimproved alley right-of-way that is adjacent to property in these districts. a. All plantings in the residential screening strip shall meet the following standards: 1. Trees shall be planted to provide a continuous canopy at maturity. For example, 20-foot canopy trees at maturity will need to be spaced every 20-feet. 2. An average of one (1) shrub for every three (3) feet of yard length. 3. An opaque masonry wall (stone, stucco, or brick), or dense evergreen hedge, at least 6- feet in height, is required along one hundred percent (100%) of the yard length. 4. The Zoning Administrator has the ability to lessen the yard length requirement if the administration of the code is deemed excessive based on the uniqueness of the site and the intent of the code has been met. The Zoning Administrator also has the ability to require the installation of a 6-foot solid privacy fence in addition to the required screening if deemed appropriate based upon the uniqueness of the site. 2. PARKING LOT PERIMETER LANDSCAPING. The intent of parking lot perimeter landscaping is to screen head lights from view from the right-of-way for safety as well as to complement the aesthetic and charm of the city. No plantings shall be located within 30-foot site triangle. Table B.2: Parking Lot Perimeter Landscaping Design Standards Screening Strip Width Landscaped Screening Composition Complimentary Landscaping Shade Trees Canopy Height* Shade Tree Spacing Screening Length 5-feet Contiguous row of evergreen screening. A minimum of 3 feet up to a maximum of 4 feet in height/width at maturity; Any combination of two other species in addition to the evergreen screening. 7-feet minimu m 1 per 40 lineal feet 100% of parking lot perimeter.** *At installation in order to prevent sight line obstruction. **Excluding ingress/egress points, site triangle, and other areas determined by the Zoning Administrator to be inappropriate. 3. PARKING ISLANDS. The intent of parking islands is to provide shade trees on hot summer days, reduce the effects of the urban heat island by reducing paved surfaces and visually breaking up the expanse of asphalt. All rows of parking spaces shall be terminated by a parking lot island or landscape area. The Zoning Administrator has the ability to waive the termination island or parking island design standards based upon the uniqueness of the site. Table B.3 - Parking Island Design Standards Parking Island Area Spacing Number of Shade Trees 8’x15’; per parking row A minimum of 1 parking island every 20 spaces* 1 per island *For parking lot rows greater than 40 spaces OR Unique designs are encouraged that incorporate stormwater and green infrastructure best management practices in lieu of parking islands. The Zoning Administrator has the ability to determine if a unique design meets the intent of the ordinance. 4. SITE LANDSCAPING. (Interior site landscape in addition to any screening strips). A landscaped area equal in size to at least 10% of a parking lot area shall be planted on-site using a mixture of plants. Building and Parking Lot Perimeter Landscaping can be used towards the 10% requirement. The Zoning Administrator has the right to reduce this requirement based upon the uniqueness of the site. 5. BUILDING PERIMETER LANDSCAPING is the combination of curbing and landscape materials which helps to break up the base of a building. It also incorporates pedestrian walkways and a safe waiting area outside the main entry doors. Some examples of how building perimeter landscaping may be incorporated into a site are included below. Building perimeter landscaping is not required at loading areas. Unless otherwise specified, all values shall be interpreted as minimums. Typical building perimeter landscaping around a building. a. Building Perimeter Landscaping Minimum Design Standards. Building Size Front Side Rear Building < 10,000 s.f. 5 foot wide landscaped perimeter. Tree planting requirement. 30% of total front lineal feet landscaped. 5 foot wide landscaped perimeter. 25% of total side lineal feet landscaped. 5 foot wide landscaped perimeter. 5% of total lineal feet landscaped. Building > 10,000 s.f. Building > 80,000 s.f. Shrub Type: Small Intermediate Large Substitutions Diversity Building perimeter landscaping composition 1 1 1 A large shrub may substitute a small or intermediate shrub. Composed of at least three different species. The species of plant shall be proportional. All shrubs shall be chosen from the approved recommended plantings list or appropriate substitute as determined by the Zoning Administrator. Caliper at Maturity Number of Trees Design Tree Planting Requirement 4’’ minimum 1 per thirty (30) lineal feet of building frontage It is recommended that trees be grouped in clusters. Landscape is placed around the entire exterior of the building to break up the wall planes and to accentuate the building’s architecture. b. Drive-Thru Window Side Landscape Exception. Any building or site which has a drive- thru or drive-up window shall not be required to meet the above building perimeter landscaping requirements for that side. On that side where the drive-thru is located, the landscape perimeter shall be allowed to taper down to the window location if a 5 foot perimeter is not feasible. At least one species of shrub must be used. At the window location a minimum 6” curbing shall be provided to distinguish the edge of the building from the pavement. Examples of building perimeter landscaping: 9/14 b. Mechanical Equipment. Table 5.b: Screening of Mechanical Equipment (Rooftop and ground Equipment)* Screen Required From Proposed Zoning (Subject Property) To Existing Adjacent Zoning 75% of height of mechanical equipment O-1-2, C 1-5, BP, I 1-2 E, RS 1-4, RA 1, RM 1-2 50%** of height of mechanical equipment RA-1, RM 1-2 E, RS 1-4, RA-1, RM 1-2 50%** of height of mechanical equipment O-1-2, C 1-5, BP, I 1-2 O-1-2, C 1-5, BP, I 1-2 *Includes all mechanical equipment as defined herein. Adjacent zoning includes properties with yards abutting or across an improved or unimproved street or alley from any boundary of the subject property. Height shall be measured from the base of the equipment or structure to the tallest point including any antenna or any ancillary appurtenances, whether temporarily and/or permanently affixed/attached. All cooling towers, mechanical equipment or appurtenances, vents, intakes or stacks or other rooftop structures, shall be screened by a parapet wall, solid metal sight screening or similar systems designed for use as screening of these types of devices. The Zoning Administrator has the ability to waive or lessen screening requirements for existing legal nonconforming commercial buildings if the enforcement of the code is not economically feasible. The Zoning Administrator also has the ability to require a property owner to submit a timeline to bring the structure into conformity with the ordinance. Every effort shall be made to be in compliance with the Front entry areas with walkway and landscape. Front entries with additional 30 x 30 requirement for buildings over 80,000 s.f. mechanical screening standards. -199- 2/15 All rooftop and ground screening, other than landscaping, shall be of a material and color compatible with the materials used on the exterior of the building. Ground screening shall consist of a landscaped strip including evergreen trees and shrubs, which may be combined with a solid fence or wall. Chain link-style fencing is prohibited. A 3-foot clearance shall be provided around all equipment to allow access and maintenance. ** A minimum of a 48” high screen or 50% of the height of the mechanical equipment, whichever is greater, shall be required. (ORD-14-1683) c. Detention Areas shall be designed per the City’s Subdivision Control and Development Ordinance in terms of retaining or detaining water and all engineering requirements. However, it shall be noted that detention areas should be designed to appear as natural as possible. Landscaping shall be required around the perimeter of all retention and detention basins, which shall consist of trees, shrubs and emergent plantings in a quantity, species and arrangement that will create an aesthetically pleasing and ecologically functional environment. All landscaping shall conform with the approved landscape list. Plantings around basins shall be salt tolerant. Such landscaping shall be in conformance with Best Management Practices as determined by the City. d. Natural Areas shall be maintained and protected by all applicable local, state and federal laws and requirements. e. Refuse Enclosures shall be required for all buildings containing three or more dwelling units and all nonresidentially-zoned property. Properties located within Business Park and Health Care Districts shall comply with refuse enclosure requirements outlined in VI. Office, Industrial, Business Park, Agricultural & Mining Overlay, and Health Care Districts. 1. All refuse shall be stored within an enclosed building, or if located outside of an enclosed building all refuse and refuse containers shall be screened on all sides by a solid wall or fence (chain link fencing is prohibited) a minimum of 6 feet in height. If a solid wall is utilized the materials of the wall shall be designed of durable materials with finishes and colors similar to the principal building. Refuse shall not be visible from outside the refuse enclosure. All enclosures shall be accessible by vehicles which will be required to access the containers. Refuse disposal areas shall not be located between the front or corner side lot line and the principal building. Cross-reference Chapter 11 of the municipal code and Article X. Accessory Uses, Yards & Fences. 2. Any site addition, alternation or modification, which requires the re-location of an existing refuse disposal area, which does not comply with the provisions of this ordinance, must be brought into compliance with the new Ordinance provisions outlined herein. (ORD-14-1683) 5. STREET PLANTINGS must conform to the Subdivision Control Ordinance Section 6.12 Landscaping and the Technical Specifications Manual Section I. Parkway Trees. 200 2/15 6. BUSINESS PARK and HEALTH CARE DISTRICT LANDSCAPE REQUIREMENTS. (MC-91-553; MC-97-672) a. Curbing in Parking Areas: All parking island strips and parking perimeters shall be separated on all sides from the parking surface by concrete curbing. b. Uses Requiring Landscaping or Screening: A minimum of five (5) percent of the parking area in Industrial Uses and ten (10) percent in all other uses shall consist of landscaping. Any landscaped strip required hereunder may be credited toward this requirement. A screen for off-street loading shall be a minimum of six (6) feet high. c. Sizes of Minimum Plant Materials at Planting: 1. Shade Tree: a deciduous tree with a minimum caliper of three (3) inches. 2. Conifer: a coniferous tree with a minimum six (6) foot height. 3. Ornamental: a deciduous tree or large shrub with a minimum caliper of two (2) inches or minimum height of six (6) feet. d. Building Perimeter Landscaping: 1. In addition to any before mentioned building perimeter landscaping requirements for the building, Health Care Buildings shall provide a minimum 6-foot walk and 7-foot wide landscape area for safe drop off for patients. 7. SIGN LANDSCAPING An effective monument sign not only draws the public’s attention to the business located at that site, but also adds to the aesthetic appeal of the site. Monument signs attract a significant amount of attention so the use of strong landscape design principles, which incorporate a variety of plant materials and provide visual interest throughout the year, should be used. A sign landscaping plan drawn to scale must be submitted as part of a sign permit application for all monument signs. For every one (1) square foot of gross sign area, there shall be provided a minimum of two (2) square feet of landscape planting area including both plant material and grasses and shall be located within 5-feet of the base of the sign. The landscaping shall be composed of at least three different species. 201 2/15 C. LANDSCAPE PLAN SUBMITTAL REQUIREMENTS A Landscape Plan shall be filed with an application for: 1. Rezoning 2. Conditional Use Permit 3. Any variance from landscaping or screening requirements 4. Integrated Design District Preliminary or Final Plan approval 5. Preliminary or Final Plat approval as provided in the Subdivision Control Ordinance 6. And Development as defined in the Subdivision Control Ordinance 7. Building Permit or Certificate of Occupancy 8. Use Variance. (MC-94-614) 9. Free-standing Monument Sign application The City Council may waive or defer this requirement in any instance in which the specific use of the premises, and therefore the specific landscaping and screening requirements applicable, are not yet determined, such as in the case of a rezoning for an industrial subdivision. 1. Content of Landscape Plan a. The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and right-of-way, sidewalks, bike paths, ground signs, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, utility easements, conservation easements, lighting, tot lots and other recreational facilities, proposed locations of storm water inlets, valve vaults, hose bibs, manholes, hydrants, fire department Siamese connections and other structural features as determined necessary by the Zoning Administrator; b. The location, quantity, size, root ball condition and name, both scientific and common of all proposed plant materials, and existing plant materials to be preserved as well as boundaries of all planting beds; c. The location of all proposed berming and drainage swales, indicating contours at one foot (1’) intervals, percent of slope and the location of all proposed drainage features with natural vegetation including, but not limited to rain gardens and other storm water detention and infiltration areas; d. Specification and boundaries of all natural landscaping areas, including prairie, woodland, and wetland plant communities, identified by specific community type and by scientific and common names of all species; e. Elevations and details of all fences, bridges, retaining walls or other decorative features proposed for location on site shall be included. The details shall include, but are not limited to materials, colors, styles and sizes; f. Landscape data box which shall include the required and proposed calculations for the following: 1. total area in square feet of the lot or tract to be developed; 2. total square feet and percentage of landscape area between the buildings and any public or private street; 3. total square feet and percentage of the area being landscaped; 202 2/15 4. total number of trees required and provided, their common and scientific names and their type; evergreen, shade or ornamental; 5. total number of shrubs required and proposed, their common and scientific name and their type; evergreen or deciduous; 6. total area to be turf; 7. total area to be non-living material; g. Delineate the different landscape and screening areas, i.e.: parking lot screening strip, residential screening strip and right-of-way landscaping. D. TREE PRESERVATION The City has adopted a Tree Preservation Ordinance, Section 24-40 through 24-50 of the City’s Municipal Code. The City Council may reduce the number of new trees required in response to preservation by a developer of any existing trees on the site as follows: Trunk Diameter of Reduction in Number Existing Tree to of New Trees Be Preserved * Required 4 - 10 inches 1 tree 11 - 20 inches 2 trees Over 20 inches 4 trees * Measured at 54-inches above grade level [(dbh) the diameter at breast height] To ensure that existing trees are not damaged during development: 1. Protective physical barriers shall be maintained around such trees that prevent the passage of heavy machinery under the drip line. 2. No equipment, materials, fill, or debris shall be stored under the drip line except as may be necessary for a reasonable time if no other storage area is available. E. LANDSCAPE MATERIALS The City has compiled a list of recommended, acceptable and prohibited landscape. The Plantings List is included as Exhibit A attached to this Code section. All on-site required trees must be a minimum of 2” caliper (dbh) or 6’ coniferous unless otherwise specified All street planting must conform to the Subdivision Control Ordinance. 203 2/15 Living landscape materials used shall be healthy, hardy and drought-resistant; be suitable for the climate and environmental influences on the site, such as exposure to sun, wind, water, heat, automobile exhaust fumes and road salt; be compatible with the slope of the site, existing vegetation to be preserved and utilities above or below ground level. Where appropriate, landscape materials shall be protected from damage from pedestrian or vehicular traffic by tree grates, pavers or other measures. Proposed plant materials shall be compatible with Zone 5 Conditions as defined by the United States Department of Agriculture (USDA) Hardiness Zone Designations. All “Parking Island Strips” and “Parking Screening Strips” shall be separated on all sides from the parking surface by curbing. The Zoning Administrator has the ability to waive curbing requirements if a development is incorporating best management practices for stormwater drainage and green infrastructure. F. INSTALLATION PROCEDURES All living landscaping materials shall be installed in conformance with the most current procedures established by the American Association of Nurserymen. G. MAINTENANCE OF LANDSCAPING The owner, occupant, tenant and the respective agent of each, if any, shall be responsible for the maintenance, repair and replacement of all landscaping and screening so as to preserve at least the same quantity and quality as the remainder of the existing material on-site. If a mature tree is lost a replacement tree of at least ¼” per 1” of caliper lost, but shall not be less than a 4” minimum. For example, a 20” tree requires a replacement by a 5” caliper tree. All living and non-living landscaping, including fences, walls, and ornamental lighting, shall be maintained in a good condition at all times, so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. Any dead vegetation shall be promptly replaced with healthy living plantings. The developer shall provide to the City a 2 year guarantee on all landscape materials in the form of a Letter of Credit. H. CONDITIONAL USES Certain conditional uses may be required to provide landscaping or screening that exceeds the requirements of this section. Special screening requirements for surface mining operations shall be as provided in the Surface Mining section of this Zoning Ordinance. 204 4/30/08 Table 16 (MC-08-960) Plantings List This list is not an exhaustive list of all plant materials that will be allowed in the City. A registered Landscape Architect may propose additional species to staff as long as they detail the plants specific properties. This list is broken out into three sections; recommended species, approved species and undesirable species. The recommended species were selected to be used in areas along roadways or detention areas because they are salt tolerant and root friendly. The approved species were selected because they are native plants which grow well in the Illinois climate and may also be salt tolerant. The undesirable species are listed because they have problems such as spines, or are an invasive species. A. Recommended Street Trees: Small Amelanchier x grandiflora (Apple Serviceberry) Malus species: Ceris Canadensis (Eastern Redbud) Donald wyman Carnus mas (Cornelian Cherry Dogwood) Adams Crategus crusgalli var. inermis (Cockspur Hawthorn) Prairiefire Crategus virdis (Winter King Hawthorn) Sugar Tree Prunus virginiana ‘Schubert’ (Canada Red Chokeberry) Syringa reticulate cv. (Japanese Tree Syringa pekinesis (Peking Lilac) Lilac-Ivory Silk) Medium Cercidiphyllum jajponicum (Katsuratree) Tilia cordata (Littleaf Linden) Carylys colorna (Turkish Hazelnut) Tilia cordata cv. Ostrya virginiana (Hophornbeam) Greenspire Phellodendron amurense ‘Macho’ (Amur Corktree) Chancellor Prunus maackii (Amur Cherry) Glenleven Prunus sargenti (Sargent Cherry) Tures Tilia Cuchlora (Redmond Linden) Large Acer freemanii (Armstrong Maple) Celtis laevigata (Sugar Hackberry) Acer miyabei (State Street Miyabe Maple) Celtis occidentalis (Hackberry) Acer nigrum (Black Maple) Ginko biloba cv. (Ginko) Acer platanoides cv. (Norway Maple) Princeton Sentry Columnare Autumn gold Easy Street Gleditsia tricanthos var. inermis cv. (Honey Locust) Crimson Sentry Moraine Acer rubrum cv. (Red Maple) Skyline Autumn Flame Glymnocladus diocicus (Kentucky Coffee Tree) Bowhall Ulmus Morton (Accolade Elm) Franks Red Ulmus cv. October Glory Homestead & New Horizon Elm Acer saccharum cb. (Sugar Maple) Pioneer & Regal Elm Green Mountain Please see the Subdivision Control and Development Ordinance for planting and additional Street Tree requirements. 205 4/30/08 B. Tree Species Approved for Planting on Private Property within the boundary of the City of McHenry: Acer platanoides (Norway Maple) Quercus coccinea (Scarlet Oak) Aesculus glabra (Ohio Buckeye) Quercus imbricario (Shingle Pear) Aesculus Hippocastenum (Common Horsechestnut) Pyrus calleryana (Callery Pear) Betula nigra (Riverbirch) Platanus cerifolia (London Planetree) Carpus caroliniana (American Hornbeam) Metasequoia glyptostroboides (Dawn Redwood) Carya cordiformis (Bitternut Hickory) Liquidambar styraciflua (Sweetgum) Carya ovate (Shagbark Hickory) Liriodendram tulipifera (Tulip Tree) Juglous nigra (Black Walnut) Zelkova serrata (Japanese Zeklova( Juniperus virginiana Catalpa speciosa (Catalpa) Larix lariocina (American Larch) Alnus glutinosa (European Black Alder) Larix decidas (European Larch) Nyssa sylvatica (Black Tupelo) Morus rubra (Red Mulberry) Betula platyphylla ‘whitespire’ (Whitespire Birch) Piceu glance densata (Black Hills Spruce) Cornus alterni folia (Pagoda Dogwood) Quercus alba (White Oak) Acer ginnala (Amur Maple) Quercus bicolor (Swamp White Oak) Acer griseum (Paperbank Maple) Quercus macrocarpa (Burr Oak) Malus supp. (Flowering Crabs) Quercus rubra (Rec Oak) Magnolia acuminate (Cucumber Tree Magnolia) Taxodium distichum (Bald Cypress) Magnolia x soulangiana (Saucer Magnolia) Thuja occidentalis (White Cedar) Magnolia stellata (Star Magnolia) Tilia Americana (Basswood) Pseudosuga menziesli (Douglas Fir) Querus velutina (Black Oak) Pinus strobes (Eastern White Pine) Quercus prinus (Chestnut Oak) Pinus cembra (Swiss Stone Pine) Quercus muehlengergii (Chinkapin Oak) Picea ables (Norway Spruce) Quercus robur (English Oak Picea glance (White Spruce) Quercus acutissima (Sawtooth Oak) C. Approved Recommended Shrubs: Small – 5’ tall Intermediate – 5’-8’ tall Large – 8’ tall New Jersey Tea Buttonbush Red Chokeberry Fragrant Gro-low Sumac Spreading Cotoneaster Silky Ddogwood Meadowsweet Compact Winged Enonymus Gray Dogwood Black Chokecherry Meadowlark Forsythia American Hazelnut Cranberry Cotoneaster Miss Kim Lilac Burning Bush Rockspray Cotoneaster Koren Spice Virburnum American Witchazel Slender Dentzia Judd Viburnum Spicebush St John’s Wart Pink Princess Old-fashioned Weigela Pussy Willow Shrubby Cinquefoil Red Prince Old-fashioned Weigela Elderberry Alpine Currant Arrowwood Viburnum Shrub Roses Nannyberry Viburnum Gold Flame Spirea Highbush Cranberry Anthony Waterer Spirea Blackhaw Viburnum Dwarf Weigela American Bladdernut Dwarf Burning Bush 206 4/30/08 D. Approved Plants and Grasses: Sweet Glag (Acorus Calamus) Slender Wheatgrass (Agropyron Trachycaulum) Big Bluestem (Andropogon Gerardii) Little Bluestem (Andropogon Scoparius) Groundnut (Apios Americana) Wild Columbine (Aquilegia Candensis) Butterfly Weed (Asclepias) Sky Blue (Aster Asureus) Heath (Aster Ericoides) Smooth (Aster Laevis) Cream False Indigo (Babtisa Bracteata) Blue False Indigo (Baptisia Australis) Sideouts Grama Grass (Boutelous Curtipendula) Prairie Brome (Bromus Kalmii) Woodland Brome (Bromus Pubescens) Buffalograss (Buchlow Dactyloides) Bluejoint Reedgrass (Calamagrostis) Bebb’s Sedge (Carex Bebbii) Common Wood Sedge (Carex Blanda) Dark Scaled Sedge (Carex Buxbaumii) Bottlebrush Sedge (Carex Comosa) Crested Sedge (Carex Cristatella) Common Bur Sedge (Carex Grayii) Porcupine Sedge (Carex Hystericina) Lake Sedge (Carex Lacustris) Hop Sedge (Carex Lupulina) Penn’s Sedge (Carex Pensylvanica) Curly-Styled Wood Sedge (Carex Rosea) Awl-Fruited Sedge (Carex Stipata) Tussock Sedge (Carex Stricta) Fox Sedge (Carex Vulpinoidea) Common Wood Reed (Cinna Arundinacea) Virgin’s Bower (Clematis Virginiana) Lanceleaf Coreopsis (Coreopsis Lanceloata) Purple Prairie Clover (Dalea Purpurea) Purple Coneflower (Echincea Purpurea) Slender Spikerush (Eleocharis Acicularis) Red-Rooted Spikerush (Eleocharis Calva) Blunt Spikerush (Eleocharis Obtusa) Marsh Spikerush (Eleocharis Palustris) Creeping Spikerush (Eleocharis Smallii) Canada Wildrye (Elymus Canadensis) Streambank Rye (Elymus Riparius) Silky Wildrye (Elymus Villosus) Virginia Wildrye (Elymus Virginicus) Prairie Smoke (Geum Triflorum) Fowl Managrass (Glyceris Striata) Bottlebrush Grass ( Hystrix Patula) Soft Rush (Juncus Effusus) Torrey’s Rush (Juncus Torreyi) Rice Cutgrass (Leersia Orysoides) ough Blazing Star (Liatris Aspera) Woodland Lily (Lillium) Prairie Hunegrass (Loeleria Cristata) Prairie Switchgrass (Panicum Virgatum) Virginia Creeper (Parthenocissus Quinquefolia) Showy Penstemon/Beardtongue (Penstemen Grandiflorus) Kentucky Bluegrass (Poa Pratensis) Black Eyed Susan (Rudbeckia Hirta or Goldstrum) Little Blue Stem (Schizachyrium Scoparium) Hardstem Bubrush )Scir[us Acutus) Three-Square Bulrush (Scirpus Americanus) Dark Green Rush (Scirpus Atrovirens) Woolgrass (Scirpus Cyperinus) River Bulrush (Scirpus Fluviatilis) Softstem Bulrush (Scirpus Validus) Stiff Goldenrod (Solidago Rigida) Showy Goldenrod (Solidago Speciosa) Indiangrass (Sorghastrum Nutans) Common burred (Sparganium Eurycarpum) Prairie Cordgrass (Spartina Pectinata) Slender Wedge Grass (Sphenopholis Intermedia) Prairie Dropseed (sporobolus Heterolepis) Porcupine Grass (Stipa Spartea) Hoary Vervain (Verbena Stricta) Periwinkle (Vinca Minor) Riverbank Grape (Vitis Riparia) Heartleaf Golden Alexander (Zizia Aurea) 207 10/18/12 E. Undesirable Trees and Plants: Tree of Heaven (Alianthus Altissima) Mimosa (Albizzia Julibrissin) Garlic Mustard (Alliaria Pertiolata) Smooth Brome Grass (Bromus Inermis) Nodding Musk Thistle (Carduus Nutans) Oriental Bittersweet (Celastrus Orbiculantus) Canada Thistle (Cirsium Arvense) Bull Thistle (Cirsium Vulgare) Crown Vetch (Coronilla Caria) Chinese Yam (Dioscorea Batatas) Cut-Leafed Teasel (Dipsacus Laciniatus) Common Teasel ( Dipsaucus Sylvestris) Autumn Olive (Elaeagnus Unbellata) Tall escue (Festuca Arundinacea) Creeping Charlie (Glechoma Hederacea) English Ivy (Hedera Helix) Dame’s Rocket (Hesperis Matrionalis) Rose-of-Sharon (Hibiscus Syriacus) Sericea Lespedeza (Lespedeza Cuneata) Common Privet (Ligustrum Vulgare) Japanese Honeysuckle (lonicera Japonica) Amur Honeysuckle (Lonicera Maackii) Morrow’s Honeysuckle (Lonicera Morrowii) Tatarian Honeysuckle (Lonicera Tatarica) Hybrid Honeysuckle (Lonicera X Bella) Bird’s-Foot Trefoil (Lotus Corniculatas) Moneywort (Lysimachia Nummularia) Purple Loosestrife (Lythrum Salicaria) White Sweet Clover (Melilotus Alba) Yellow Sweet Clover (Melilotus Officinalis) Eulalia, Japanese Grass (Microstegium Vimineum) White Mulberry (Morus Alba) Eurasian Water Milfoil (Myriophyllum Spicatum) Parsnip (Pastinaca Sativa) Princess Tree (Paulownia Tomentosa) Reed Canary Grass (Phalaris Arundinacea) Common Reed (Phragmites Australis) Japanese Knotwood (Polygonum Cuspidatum) White Poplar (Populus Alba) Kudzu (Pueraria Lobata) Sawtooth Oak (Quercus Acutissima) Common Buckthorn (Rhamnus Cathartica) Smooth Buckthorn (Rhamnus Frangula) Black Locust (Robinia Pseudo-Acacia) Multiflora Rose (Rosa Multiflora) Sandbar Willow (Salix Interior) Bittersweet (Solanum Dulcamara) Johnson Grass (Sorghum Halepense) Siberian Elm (Ulmus Pumila) Wayfaring Tree (Viburnum Lantana) European Highbush Cranberry (Viburnum Opulus) Chinese Wisteria (Wisteria Sinensis) Leafy Spurge (Wuphorbia Esula) This planting list was compiled using information from the Conservation Foundation, McHenry County Conservation District, the Mississippi National River and Recreation Area Greenway Project, and the University of Minnesota, salt tolerant plant study. Table 17 Deleted and Reserved MC-06-884 208 IX. SIGNS Deleted in its entirety Relocated to Chapter 7.50 “Signs” of the Municipal Code Next Page is 250 HOW DOES YOUR COMMUNITY REGULATE TINY HOUSES?ZONING PRACTICEAMERICAN PLANNING ASSOCIATION205 N. Michigan Ave.Suite 1200Chicago, IL 60601–59271030 15th Street, NWSuite 750 WestWashington, DC 20005–1503ZONING PRACTICE NOVEMBER 2015 AMERICAN PLANNING ASSOCIATION ISSUE NUMBER 11 PRACTICE TINY HOUSES ZPNov15Cover.indd 1 10/22/15 12:13 PM ZONINGPRACTICE 11.15 AMERICAN PLANNING ASSOCIATION | page 2 Tiny Houses, and the Not-So-Tiny Questions They Raise By Donald L. Elliott, faicp, and Peter Sullivan, aicp Where did they come from—those cute little “cabins-on-wheels” that you see being pulled down the road or sitting on a lot? With wood siding, a pitched roof, gable win- dows . . . and even a porch with a railing. All that’s missing is the dog in the yard (presum- ably a small dog in a small yard). Tiny houses are the latest vehicle/struc- tures to join the small house movement, and are now trending due to television programs like Tiny House Nation. Many individuals and couples seem proud to say they live a small but sophisticated lifestyle in less than 500 square feet. Often their stated motivation is to declut- ter and live a simpler life—maybe even a life “off the grid.” Cuteness aside, tiny houses raise some interesting questions for planners. Questions like . . . “Is this a house, or a trailer, or . . . just what is it?” “Would this qualify as an accessory dwell- ing unit?” “Does this meet the residential building code?” “Where should we allow this to be parked . . . or occupied . . . and for how long?” This article attempts to answer some of those questions for the types of small, trailer-mounted units described above. The sections below review how these units fit into the general U.S. system of land-use control through building codes, zoning ordi- nances, subdivision regulations, and private restrictive covenants. In addition to address- ing individual tiny homes, we also address how small communities of tiny homes might be created. WHAT ARE THEY? What are tiny houses? The answer is simpler than you think. They’re recreational vehicles (RVs), and a careful read of the manufacturers’ websites makes that clear. One manufacturer, Tumbleweed Tiny House Company, states that their product is “an RV like you’ve never seen before.” For planners, this makes things simpler. The question then becomes, “Where do we allow RVs to be occupied?” Traditionally, the answer has been campgrounds (for temporary living) and RV parks (for longer-term living). Most communities typically limit temporary RV occupancy (in a campground or elsewhere) to 30 days, and the logic behind this is that RVs are not permanent dwellings. They have elec- tric systems and water tanks and sewage tanks (or composting toilets) that can only operate for a while before they need to be hooked up to support systems or emptied. But this answer doesn’t satisfy everyone, especially tiny-house proponents and anyone else interested in living smaller, more simply, and (presumably) more affordably (more on that later). Donald L. Elliott, faicp, is a director in the Denver office of Clarion Associates, a former chapter president of APA Colorado, and a former chair of the APA Planning and Law Division. As a planner and lawyer he has assisted more than 40 North American cities and counties reform and update their zoning, subdivision, housing, and land-use regulations. He has also consulted in Russia, India, Lebanon, and Indonesia, and served as USAID De- mocracy and Governance Advisor in Uganda for two years. Elliott is a member of the Denver Planning Board. Peter Sullivan, aicp, is a senior associate in the Chapel Hill, North Carolina, office of Clarion Associates. His specializations include zoning and comprehensive planning. A Pacific Northwest native, his professional background includes policy and environmental planning and development review. Sullivan is a former officer with Toastmasters International and former member of the University of Washington’s Urban Design and Planning Professionals Council. He is currently a correspondent for Planetizen.com and enjoys speaking as academic guest lecturer, webinar host, and conference presenter. Sullivan’s project work has been recognized by the Washington State Governor’s Office, Puget Sound Regional Council, and the Washington Chapter of APA. Most localities have no specific provisions in their subdivision or zoning codes to accommodate small trailer- mounted homes outside of recreational vehicle parks.“Tiny house, Portland” by Tammy (Weekend with Dee), Wikimedia (CC-by-2.0) ZONINGPRACTICE 11.15 AMERICAN PLANNING ASSOCIATION | page 3 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.” 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 $5,700 (Mccann 2015). In some Spur zon- 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 This tiny house is the star of its own YouTube channel, Tiny House Giant Journey.”Tiny House Giant Journey in the Petrified Forest and an RV” by Guillaume Dutilh, Wikipedia (CC-by-SA-4.0)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 for a 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. ZONINGPRACTICE 11.15 AMERICAN PLANNING ASSOCIATION | page 4 homes do not need to connect to water and sewer systems (i.e., they permit well and septic systems) or electric systems (i.e., they allow off-the-grid power), and those communities would presumably allow the same exceptions for tiny houses. NOW, ABOUT THOSE ZONING RULES So, if a buyer doesn’t want to live in an RV park, and is willing to remove the wheels, install a foundation, and connect to utilities, and the lo- cal government allows long-term occupancy of tiny houses under those conditions, where can the unit be located? The answer depends on lo- cal zoning regulations. Most zoning ordinances do not list tiny houses by name; they simply treat them like other housing uses. For a tiny house to be used as a primary dwelling unit (i.e., there is no other house or primary use on the property), the question is whether the lot is zoned for single-family homes and whether the tiny house meets any minimum size requirements for houses in that zone. Most zoning codes across the U.S. do not include minimum floor space requirements for single-family homes. But some do, and that can be a barrier to installing tiny houses. Generally this occurs when a residential neighborhood has been developed for—or with—large homes, and some of the lots already have large homes on them. In those circumstances, the local government or neighborhood residents may want to protect against the remaining lots being occupied by smaller homes that they fear will reduce the neighborhood quality or character. Some communities, for example, have adopted minimum width or length-to-width require- ments for single-family homes in an attempt to keep “single-wide” manufactured homes out of neighborhoods where the housing stock is of a different character. Those requirements would likely prohibit the installation of a tiny house, despite their charming appearance. Whether this is fair to the tiny-house (or manufactured home) buyer, and whether it repre- sents sound land-use policy, are emerging issues for debate. Minimum residential size limits are already in poor repute these days because they tend to drive housing prices up; however, these types of requirements are generally not illegal. One work-around for the eager tiny-house buyer may be to install a tiny house as an ac- cessory dwelling unit (ADU) (i.e., a second housing unit on a lot that already has a primary housing unit or another primary use of land). While ADUs are a fairly recent development, an increasing number of zoning ordinances now address where and under what conditions an ADU can be installed. Again, since most zoning ordinances do not address tiny houses by name, the question is whether your tiny house meets the requirements applicable to other forms of ADUs. One threshold question is whether the community allows detached ADUs or only allows internal ADUs constructed within the building envelope of an existing home. If the latter is true, a tiny house ADU will not be allowed. If the community allows detached ADUs, they often attach conditions like the following: • Either the primary housing unit or the ADU must be occupied by the owner of the land. • The ADU must not exceed a maximum size (generally 400 or 600 or 800 square feet). • An extra on-site parking space for the ADU occupant may be required. Outside of rural areas, most localities would not permit a tiny house to serve as a primary dwelling unit unless it was mounted on a permanent foundation and connected to local utilities.”Fall and winter, side by side” by Tammy Strobel, Flickr (CC-by-2.0)Local residential building codes typically require a minimum amount of habitable space per occupant, which may prevent legal habitation of tiny houses by more than one person.”Tiny house” by Tomas Quinones, Flickr (CC-by-SA-2.0) ZONINGPRACTICE 11.15 AMERICAN PLANNING ASSOCIATION | page 5 • The ADU may not be allowed to have its entrance door facing the street. • The part of the lot containing the ADU can- not be carved off and sold as a separate lot. • If the tiny house can meet these require- ments, it may be acceptable as an ADU, even if it would not be approved as a pri- mary home on the same lot. In some cases, however, ordinances that allow detached ADUs limit them to existing structures like carriage houses, garages, or barns, which would prohibit tiny-house ADUs. Finally, it is important to realize that most communities apply the same building, founda- tion, and utility requirements to ADUs that they do to primary structures. So if the question is, “can I park my tiny house in my parents’ backyard and live in it without installing a foun- dation or hooking up to utilities?” the answer is probably no. Long-term occupancy of a rec- reational vehicle in a residential zone district (say, for more than 30 days) is usually illegal regardless of whether you have the property owner’s consent or you are related to them. So tiny-house owners need to be thoughtful about where they intend to install the unit, and need to read the zoning ordi- nance carefully to ensure it is allowed in the area where they want to live. The good news (for planners) is that it is fairly easy to review the existing zoning code and see whether the code permits tiny houses as primary units or ADUs in those locations where the community wants to allow them. Planners might also want to promote more permissive regulations if the community is ready to remove a poten- tial housing barrier. OTHER POTENTIAL BARRIERS OK. So you have decided that your community wants to allow long-term occupancy of a tiny house, and you have modified the zoning ordi- nance to clarify where they are allowed. There are still three other potential barriers to think about. First, unless you want to install the tiny house in a very rural area, the parcel of land where the tiny house will be located gener- ally needs to be a subdivided lot. Subdivision regulations ensure that each parcel of land that will be developed with something other than open space or agriculture has access to a street and has utilities in place (if utilities are required in that location). This could be an is- sue if the tiny-house owner wants to buy 1,000 county planner’s job to check on the existence of private covenants when issuing a zoning approval or a building/installation permit, and local governments are generally not respon- sible for enforcing those covenants, advising the tiny-house owner to check on this is just good customer service. In the end, the fact that the city or county issues a permit to install a tiny house with a foundation does not protect the owner against a suit from other property owners pointing out that the tiny house does not meet restrictive covenant minimum-size requirements. Third, even if neither the zoning ordi- nance nor private restrictive covenants prohibit the tiny house because of its size, many com- munities have residential occupancy codes to prevent overcrowding. While occupancy codes vary, it is not uncommon to find a requirement that the unit contain 125 square feet of living area per occupant, or that it not contain more than two occupants per bedroom. That could be a problem if the owner intends to house his or her family of four in a 400-square-foot tiny house, no matter how well they get along. Since occupancy of the unit may change in the future (the owner’s out-of-work cousin may move in), it is hard to ensure against overcrowding when the installation permit is issued, but making the owner aware of these requirements is good customer service. WHAT ABOUT A TINY HOUSE COMMUNITY? What about a whole group of folks (or a devel- oper) who want to create an entire neighbor- This tiny house, with a bathroom and a sleeping loft, serves as an accessory dwelling unit.“Tiny house” by litlenemo, Flickr (CC-by-NC-SA 2.0)Tiny-house owners need to be thoughtful about where they intend to install the unit, and need to read the zoning ordinance carefully to ensure it is allowed in the area where they want to live. square feet of land from a property owner—just enough to accommodate the tiny house and a “livin’ small” lifestyle—but the subdivision regulations require a minimum lot size of 5,000 square feet. Or it could be an issue if the tiny house must be connected to utilities but the land in question does not yet have utilities in place to connect to. Second, the community should probably advise the tiny-house owner to check that private restrictive covenants attached to the land do not prohibit tiny houses in that area. Again, tiny house will probably not be listed by name, but it is not uncommon to find private covenants that contain minimum house size requirements even if the zoning ordinance does not. While it is generally not the city or ZONINGPRACTICE 11.15 AMERICAN PLANNING ASSOCIATION | page 6 hood of tiny houses as a source of affordable housing, or just to accommodate a different lifestyle? That is a bit tougher. While the Internet has many stories of individuals or property owners intending to create tiny house com- munities, it seems that few if any have been created to date. And some of the existing com- munities have been created for unique reasons and through “one-off” procedures. For example, places like Opportunity Vil- lage in Eugene, Oregon, or Quixote Village in Olympia, Washington, have been created as alternatives to homeless camps in or near the same location. In both cases, it appears that the local government adopted a contract or resolution approving the use of land for tiny houses without requiring it to comply with some standard utility or construction require- ments precisely because it would house very low-income households under better living conditions than the occupants had previously. While inspiring as initiatives to address the challenges of housing affordability and home- lessness, both of these examples required individualized negotiations and agreements to vary from normally applicable public health and safety standards—flexibility that might not have been approved for a market-rate housing development. However, there are at least three different ways in which a tiny-house community for the general public could be created—each mod- eled on an existing form of land-use approval. The choice of an appropriate tool turns heavily on the question of whether you intend the oc- cupants to be able to sell the house and the piece of land it occupies to someone else in the future. A Tailored Zoning and Subdivision of Land If tiny-house owners are going to be able to sell their lots and homes to others, then the community will need to be subdivided into individual lots, and those lots will need to meet the minimum size and dimension re- quirements of the zone district where they are located. If you want to allow tiny house com- munity developers to create very small lots (say 1,000 to 2,000 square feet), it is likely that your city or county does not have a residential zone district allowing lots of that size. So the local government will have to create a zone district allowing that type of lot. If the roads within the community are going to be narrower or more lightly constructed than those in stick-built subdivisions, then the community will have to adopt subdivision standards (or excep- tions to the current standards) allowing those types of construction. In many cases, the local government is only willing to allow “lower-than- normal-standard” infrastructure if the property home subdivisions, and those types of stan- dards are good places to look for guidance. A Planned Unit Development If the community expects that there will be only one of these communities or it does not want to create a new zone district or subdivi- sion regulations to address tiny houses in general, the tailoring of zoning and subdivi- sion standards described above could be accomplished through a planned unit develop- ment (PUD) tailored to a single development and a single developer. While single-project PUDs are relatively easy to adopt, they often reflect a very specific picture of the approved development that is hard to amend over time as conditions change. A PUD for a tiny-house community should be drafted assuming that conditions will change in the future, and to avoid locking in an overly specific develop- ment plan. For example, it may not be wise to require a community building of a certain size, or a park or storage area of a specific design in a specific location, because those items may need to be moved or resized in the future. Similarly, if the home owners association is responsible for roads and utilities, it may be wise to offer some flexibility to relocate or resize those facilities in the future as needs change. The Greater Bemidji Area of Minnesota has thought through these issues and adopted a PUD approach for tiny-home subdivisions (§1101.F). Quixote Village in Olympia, Washington, provides housing for 30 previously homeless adults. Photo from Tent City Urbanism: From Self-Organized Camps to Tiny House Villages by Andrew Heben.Andrew HebenA PUD for a tiny- house community should be drafted assuming that conditions will change in the future, and to avoid locking in an overly specific development plan. owners agree to own and maintain it over time (i.e., the city or county will not accept it as dedi- cated infrastructure for public maintenance), so the developer will likely have to create a home owners association to do so. These types of specialized standards have been adopted be- fore, however, for unique forms of housing like manufactured home subdivisions or cottage ZONINGPRACTICE 11.15 AMERICAN PLANNING ASSOCIATION | page 7 VOL. 32, NO. 11 Zoning Practice is a monthly publication of the American Planning Association. Subscriptions are available for $95 (U.S.) and $120 (foreign). James M. Drinan, jd, Executive Director; David Rouse, aicp, Managing Director of Research and Advisory Services. Zoning Practice (ISSN 1548–0135) is produced at APA. Jim Schwab, aicp, and David Morley, aicp, Editors; Julie Von Bergen, Assistant Editor; Lisa Barton, Design and Production. Missing and damaged print issues: Contact Customer Service, American Planning Association, 205 N. Michigan Ave., Suite 1200, Chicago, IL 60601 (312-431-9100 or customerservice@planning.org) within 90 days of the publication date. Include the name of the publication, year, volume and issue number or month, and your name, mailing address, and membership number if applicable. Copyright ©2015 by the American Planning Association, 205 N. Michigan Ave., Suite 1200, Chicago, IL 60601–5927. The American Planning Association also has offices at 1030 15th St., NW, Suite 750 West, Washington, DC 20005–1503; planning.org. All rights reserved. No part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the American Planning Association. Printed on recycled paper, including 50-70% recycled fiber and 10% postconsumer waste. -Cover: “Tiny house, Portland” by Tammy (Weekend with Dee), Wikimedia (CC- by-2.0); design concept by Lisa Barton. A Condominium or Cohousing Development If the occupants of tiny houses in the com- munity do not need to have the right to sell individual lots to others in the future, then a tiny house community could be structured as a condominium or cohousing develop- ment. Under this model, the land remains unsubdivided. Instead, a development plan is approved allowing many tiny houses, and per- haps support facilities like community build- ings or shared parking areas, to occupy a single parcel of land. Instead of owning individual lots, residents own shares in the development as a whole. If structured as a condominium, each resident’s share includes the exclusive rights to occupy their individual tiny house and a parking space, and also a proportionate share in the land, community buildings, roads, and infrastructure serving the area. As with a nontraditional subdivision described above, the local government may well require that the roads and utilities be owned and maintained by the condominium association. Under this approach, residents who decide to sell their tiny house in the future are actually selling their package of rights in the development (and the maintenance obligations that go along with them)—they are not selling the land. Again, it is usually wise to avoid overregulating or “zoning to a picture” in ways that may require additional governing body approval for minor changes in the future. CONCLUSION At this point, most city and county zoning and subdivision ordinances are unprepared for tiny houses. Answers to questions about what tiny houses are, where they can be installed, and under what conditions can be found if you search hard enough—but they are not clear or obvious. The good news is that there are several examples of how land-use controls can be developed or modified to accommodate new and creative forms of housing and land development. RV park, manufactured home park, and subdivision, cohousing, and cottage development standards provide a deep pool of content from which tiny-house regulations can be tailored and developed. As with most land-use questions, howev- er, the appropriate tools cannot be crafted until some policy questions have been answered. To prepare for the arrival of tiny-house owners and community developers in the future, local governments should be prepared to answer these questions: • Do we want to allow the installation of tiny houses for long-term occupancy, and if so, in what parts of our community? • Do we want to accommodate only those tiny houses that meet our current build- ing code or the federal manufactured home standards, or do we want to create exceptions for other tiny houses that can be made safe for long-term occupancy in other ways? • Do all tiny houses need to be installed on foundations and with connections to our electric, water, and sewer systems, or are there some areas (maybe rural areas) where we would allow them under other circum- stances? • Are there areas of the community where they should be permitted as primary dwell- ing units? • Are there areas of the community where they should not be permitted as primary dwelling units, but would be acceptable as accessory dwelling units? • What changes to our building code, zon- ing ordinance, and subdivision regula- tions need to be made to achieve those results? REFERENCES Bemidji (Minnesota), City of. 2015. Greater Bemidji Area Zoning and Subdivision Ordinance. Article XI: Subdivisions and Planned Unit Devel- opments. Section 1101: Subdivisions of Land. Part F: Tiny House Subdivision. Available at tinyurl.com/pzlj9uf. Mccann, Conor. 2015. “The Workhouse Postmortem.” May 27. Available at theworkhouse.co/postmortem. Spur (Texas), City of. 2014. “A Resolution Establishing the Designation of the City of Spur, as America’s First ‘Tiny’ House Friendly Town,” July 17. Available at spurfreedom.org/hooray-for-our-city-council. Tumbleweed Tiny House Company: tumbleweedhouses.com. • With a little forethought, you can be prepared for the day a tiny-house owner shows up with some or all of the questions discussed above—and avoid that “deer- in-the-headlights” look that so annoys the town council. State of Illinois Rod R. Blagojevich, Governor Department of Public Health Eric E. Whitaker, M.D., M.P.H., Director Regulation of Factory Built Structures in Illinois 2007 Regulation of Factory Built Housing in Illinois There are many terms used to describe housing units that are constructed at a factory. These terms include trailers, mobile homes, manufactured homes, sectionalized homes, panelized homes, modular homes, Department of Housing and Urban Development (HUD) homes, industrialized housing and factory built homes. Because of the similarity of these terms, there often is much confusion to potential or actual owners of these units, dealers, building and zoning officials, and lending and taxing agencies. Since one-third of all homes built in the country today are manufactured at a factory away from the final site of the home, it is important that there be a correct understanding of the terminology and regulations of the product. In general, the construction of all factory built housing located in Illinois must be approved by either the U.S. Department of Housing and Urban Development or the Illinois Department of Public Health. Manufactured Homes All mobile type homes constructed after June 15, 1976, must comply with the National Manufactured Home Construction and Safety Standards. These standards apply uniformly across the country and it is illegal for a local unit of government to require additional construction requirements. A red metal label must be permanently affixed to the rear of each towable unit. The federal standard refers to such a unit as a "manufactured home" which is defined as "a structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. . ." Local jurisdictions may regulate the location to these homes in their community and the on-site installation of the home. This type of unit is an evolution from the "trailer," "trailer coach" and more recently, the "mobile home." These units often are also called "HUD homes" since the Department of Housing and Urban Development (HUD) establishes the construction standards. Modular Homes The second type of factory built housing is regulated by the Illinois Department of Public Health. This type of unit is called a "manufactured housing unit" or "modular dwelling" and is defined as "a building assembly or system of building sub-assemblies, designed for habitation as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation, or assembly and installation, on the building site, with a permanent foundation." A permanent foundation means a closed perimeter formation consisting of materials such as concrete or concrete block which extends into the ground below the frost line. These types of units may be either panelized (floor, wall and roof panels are assembled at the final site) or sectional (the home is shipped as a box-like configuration). These units are often called modular homes. The state-approved manufactured housing unit/modular dwelling must comply with the Manufactured Housing and Mobile Home Safety Act (430 ILCS 115) and the Illinois Modular Dwelling and Mobile Structures Code (77 Ill. Admin. Code 880). This code references the International Code Council 2003 series of codes including the International Residential Code, International Building Code, International Energy Conservation Code, International Fuel Gas Code. All factory built structures must conform to the 2004 Illinois State Plumbing Code. An approved manufactured housing unit will have a yellow seal on the electrical panel box of the home or on the inside of the kitchen sink cabinet. Unlike manufactured homes, the local building official may require additional items other than the minimum state requirements to be incorporated into the construction. Units that are manufactured at a factory, without the installation of the utilities such as the plumbing, electrical and heating systems are subject only to local regulations like a site-built home. Other Structures Commercial mobile structures such as classrooms and offices are also regulated by the Illinois Department of Public Health if the units are larger than 8 feet by 32 feet and transported to the site on their own wheels. The construction of commercial modular type units which are not transported to the final site on their own wheels is not subject to regulation under the Illinois Manufactured Housing and Mobile Home Safety Act. The local unit of government is responsible for regulating these units. Modular condominiums, apartments, and hotels are, however, subject to regulation by the Department of Public Health as they are considered dwelling units. It also should be noted that neither the state nor the federal government regulates the construction of recreational vehicles. Differences in Construction Codes Some of the major differences between the federal construction code for manufactured homes and the Illinois code for modular dwellings are as follows: 1. A permanent perimeter foundation extending below the frost line is required for modular dwellings. The federal code for manufactured homes allows the home to be supported by concrete blocks located underneath the I-beams. State law does require that the manufactured homes be tied down to prevent possible personal and property damage. 2. The code for the manufactured homes requires a minimum 6 foot 2 inch by 2 foot 8 inch entrance door, whereas the modular code requires the door to be at least 6 foot 8 inch by 3 foot. 3. The manufactured home code requires hallways to be a minimum width of 28 inches whereas the state code requires a minimum width of 36 inches for modular dwellings. 4. Regarding the plumbing system, there are several differences between the federal code for manufactured homes and the Illinois Plumbing Code for modular units. Some of the pipe material approved by the federal code does not meet the Illinois Plumbing Code requirements. The Illinois code requires that the drainage system be vented to the outside atmosphere whereas the code for manufacture homes allows the use of "quick vents" which obtain their air from within the home. A backflow protection device for hose faucets is required by the Illinois Plumbing Code for modular dwellings. 5. The federal code allows the floor system to deflect vertically 1/240th of the span as opposed to the state requirements of 1/360th of the span. 6. The roofs of modular homes must be designed for a minimum load of 30 pounds per square foot. The code for manufactured homes requires that homes located in Illinois be designed for a minimum 20 pound per square foot load. Zoning Restrictions Before purchasing a factory built home, the local zoning requirements should be determined. Because modular dwellings are required to be placed on a permanent perimeter foundation like a site-built home, there generally is not a problem locating these homes in residentially zoned areas. The location of manufactured homes, however, is often more difficult. In several areas of the state, zoning ordinances have restricted the location of the manufactured homes to manufactured home communities; however, zoning ordinances across the country are becoming less restrictive. Financing and Taxing Financing options for manufactured housing units/modular dwellings are generally the same as those for site-built homes and include Veterans Administration, Federal Housing Authority, and Farmers Home Administration loans, in addition to banks, savings and loans, credit unions and commercial financing companies. While the financing for the manufactured home traditionally has been limited to installment loans for a maximum length of 12 years, 15-year financing is now becoming more popular. Unless supported by a permanent perimeter foundation, manufactured homes are taxed as personal property, whereas modular dwellings are taxed as real estate. Misrepresentation Because a HUD-approved manufactured home and a state-approved modular dwelling may look identical on the outside, and because there are taxing, zoning, and financing advantages of a modular unit, it is possible that a dealer of factory built homes may attempt to misrepresent a HUD-approved home. It is a federal offense to remove the red label on the exterior of the home. If you are aware of a factory built home constructed after June of 1976 that does not have either the HUD label on the exterior of the home or the Illinois seal on the interior of the home, please contact the Illinois Department of Public Health at 217-782-5830. Further Assistance Any general questions about factory built housing or specific questions regarding approved modular dwellings or commercial mobile structures should be addressed to: Illinois Department of Public Health Division of Environmental Health 525 West Jefferson Street Springfield, Illinois 62761 217-782-5830 Questions regarding manufactured homes approved by the federal Department of Housing and Urban Development should be addressed to: Department of Housing and Urban Development Manufactured Home Construction Standards Division 451 - 7th Street Southwest Washington D.C. 20410 202/708-6423 Also, the following organizations may be of assistance for questions pertaining to zoning, taxing and financing of manufactured homes. Illinois Manufactured Housing Association 3888 Peoria Road Springfield, Illinois 62701 217/528-3423 Illinois Affordable Housing Institute 875 North Michigan Avenue Suite 3800 Chicago, IL 60631 773-434-8800 MANUFACTURED HOMES The construction of the mobile type dwellings, known as "manufactured homes," is regulated by the U.S. Department of Housing and Urban Development. State and local units of government are preempted from imposing any additional construction requirements. The installation of these homes must comply with the Illinois Manufactured Quality Assurance Act (430 ILCS 117) and the Manufactured Home Installation Code (77 Ill. Admin. Code 870). The location of these homes is subject to local zoning and covenant restrictions. All manufactured homes must bear a red metal label on the exterior of the home located near the floor level at the end opposite the towing hitch. COMMERCIAL MOBILE STRUCTURES The Illinois Department of Public Health is responsible for regulating the construction of commercial mobile structures such as classrooms and offices. These units will have a seal on the electrical panel box like a modular dwelling. MODULAR DWELLINGS The construction of modular dwelling units located in Illinois is regulated by the Illinois Department of Public Health. These units include one and two family dwellings, apartments, and hotels. The units must be placed on a permanent perimeter foundation which extends below the frost depth. A yellow seal in the shape of the state of Illinois must be placed on the electrical panel box of each unit. Local jurisdictions can require more stringent construction regulations beyond the minimum state requirements.