The recent passage of a moratorium on tiny houses in Ward 2 comes with some conditions, namely, that the city engage in a review of zoning and housing policies, hold at least two community engagement sessions, assess economic, environmental and social impacts of tiny homes in Ward 2, and make recommendations to the city council for a framework to address future consideration of tiny home developments.
In light of this charge to the city, I thought it would be helpful to consider some of the issues that are unique to tiny homes that will be considered in this process.
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What are tiny homes? The city has adopted the definition used in the 2018 International Residential Code. It defines tiny homes as a dwelling that is 400-square feet or less in floor area, excluding lofts.
Unfortunately, most of the current zoning ordinances and building codes were passed before tiny homes became common. With no consideration given to these unique structures, it’s hard to find a consistent or universal approach within Illinois law.
There are two initial frameworks that must be considered: state law building codes (think plumbing, utilities and safety standards) and local zoning codes that reflect long-standing expectations of what homes should look like.
As an initial matter, the city will have to address possible classification issues: Is the tiny home to be located on a permanent foundation or will it be on wheels?
Tiny homes on wheels are generally not treated as permanent structures. As such, they are likely to be classified as a recreation vehicle. Outside of RV parks, it is generally prohibited to place one on a residential lot for full-time living.
Toward that end, recent legislation was introduced that sets forth a framework for the minimum requirements necessary to operate and maintain a tiny-home park. It being Illinois, of course, the Tiny Homes Act also comes with detailed record-keeping requirements and licensing fees. However, if passed, that act at least offers a statewide “safe harbor” for those looking to place their tiny homes that are on wheels. Further, it sets forth clear guidance for developers who want to profit from the growing movement in favor of tiny homes by developing parks dedicated solely to tiny homes. If passed, it’s a win-win for developers (except for the fees and record-keeping) and tiny house owners.
For tiny homes located on a permanent foundation, all provisions of the relevant building codes must be followed. All provisions regarding egress (generally requiring more than one point of ingress and egress), plumbing, sewer and water hookups, sanitation, electrical, ceiling requirements and the like must be followed. As mentioned previously, many of these requirements were not written with tiny homes in mind and may be difficult to satisfy.
Tiny homes that are permanent structures are further classified as either accessory structures or as residences.
If treated as residences (that is, where the tiny home is the only structure on a lot), there are generally going to be requirements that the lot contain a minimum amount of square feet. Also, certain setbacks must be maintained that dictate how close to the various property lines a home may be located. As a practical matter, tiny homeowners should expect difficulties in placing their structures on tiny lots. Being forced to obtain a lot designed for a traditional single-family residence may defeat the entire purpose of constructing a tiny home in the first place.
More commonly, tiny homes are placed on a parcel on which there is an existing structure. These are referred to as accessory structures. In many instances, this is a practical barrier as accessory structures must generally be owner-occupied.
But there are other barriers, or requirements, specific to Springfield. For example, an accessory structure must be located more than six feet away from the principal structure and the front and side yard.
Also, it’s important to keep in mind that no matter if a tiny home is an accessory structure or not, owners may struggle to gain legal hookups to sewer, water and electricity.
Recognizing that there are a multitude of approaches to tiny homes across the state, which in many instances may effectively outlaw tiny homes in their entirety, another piece of legislation was recently introduced called the Local Accessory Dwelling Unit Act. In practice, it takes a local zoning matter out of the hands of local government.
In general, it provides that a unit of local government must provide reasonable regulations relating to the size and location of tiny homes similar to other accessory structures unless a regulation would have the effect of prohibiting accessory dwelling units.
It further provides that a regulation is considered to have the effect of prohibiting an accessory dwelling unit if it: explicitly disallows the construction of accessory dwelling units; imposes fees other than building permit review; applies standards that would render such units inconsistent with other local land use laws; imposes design, bulk and density standards that would physically preclude the project; requires off-street parking spaces, or requires corrections of nonconformities of the principal-dwelling unit.
If passed, any future outright prohibition on tiny homes would be a thing of the past. However, as with the Tiny Home Act, both bills are currently sitting in the rules committee, which is where bills often go to die.
The fact that these two bills were introduced at all reflects a growing momentum in Illinois to make tiny homes viable. Many, but not all of the barriers discussed above will go away if they are passed. However, local governments would still be able to enact reasonable regulations regarding size, setbacks and health and safety standards.
In any event, tiny homes occupy a complicated and evolving legal space with much depending on what locality is involved. If interested, consult your local zoning office and seek the advice of legal counsel with knowledge of the various frameworks that are involved.
This article appears in January SBJ 2026.