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Regulating the Minimum Size of a Residential Dwelling

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Reviewed Date: April 28, 2021

Original Author: 
Broughton, Jeff
Date of Material: 
Jul 27, 2015


Subjects:
Zoning--Subdivisions
Zoning--Architectural control
Construction--Laws and regulations
Building permits

Regulating the Minimum Size of a Residential Dwelling

Summary: 
MTAS was asked whether it is lawful to regulate the minimum size of a residential dwelling through zoning or subdivision regulation.

April 28, 2021
Chuck Downham, Municipal Management Consultant

According to Section R304, Minimum Room Areas, of the 2018 International Residential Code (IRC), the minimum habitable area for a room is 70 square feet. Habitable rooms shall not be less than 7 feet measured in any horizontal direction. 

The minimum habitable area requirements have changed over the years for the various editions of the IRC. Cities have adopted various editions of the IRC so it is therefore recommended that a city review the specific edition of the IRC that has been adopted to confirm the minimum habitable area requirement that may be applicable and enforceable under the IRC if adopted by a city.


Attachment(s):
PDF icon Shannon Copas, letter, tiny homes with attachments.pdf

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Information written by MTAS staff was based on the law at the time and/or a specific sets of facts. The laws referenced may have changed and/or the technical advice provided may not be applicable to your city or circumstances. Always consult with your city attorney or an MTAS consultant before taking any action based on information posted to this website.