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Before You Buy: Granny Pods & Zoning

Before You Buy: Granny Pods & Zoning

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Granny pods can be an excellent solution for families seeking alternatives for an aging parent who can no longer manage on their own. They aren’t cheap, but often the biggest hurdle isn’t cost, it’s zoning laws.

While a small handful of states have statutes authorizing granny pods in approved circumstances, in others, these issues are handled locally so regulations vary greatly. As a result, you’ll want to understand state and local zoning requirements before you invest in a granny pod for mom or dad. To help you on this quest, here are nine restrictions you might encounter:

  1. Qualifying need. Before you can get approval for a granny pod, state or local regulations may require you to demonstrate a qualifying need. Typically, your parent’s physician must verify there’s a physical or mental impairment that hinders two or more ADLs (activities of daily living) such as ambulation, bathing, eating, dressing, personal hygiene, transferring and toileting.
  2. Occupant. Most statutes specify a granny pod can only be inhabited by the designated care recipient. Such restrictions are designed to ensure you don’t install a pod and use it for other purposes.
  3. Structure. Even where granny pods are generally permitted, they must meet state or local codes for manufactured or mobile homes. HUD has national standards for such structures, but state and local codes may be more stringent.
  4. Size. Granny pods come in various sizes, but ultimately this decision may not be up to you. Some jurisdictions restrict size by establishing a fixed maximum square footage number, others use the size of your lot, your home, or a combination of both to determine how large the pod can be.
  5. Setbacks. Granny pods are usually subject to setback restrictions, which define how far from your property line the structure must be situated.
  6. Temporary status. While an approved pod can remain in place as long as needed, it’s classified as temporary so it can’t be mounted on a permanent foundation. Also it must be removed when the need no longer exists, and most jurisdictions specify a removal timeframe (typically 30 to 60 days).
  7. Permits. You may be required to obtain a special use permit authorizing a pod on your property.
  8. Utilities. Some zoning codes stipulate the unit must be hooked up to the power, water and sewer utilities serving your property and prohibit other alternatives.
  9. Other issues. Depending on where you live, other issues may come into play. In neighborhoods with Homeowners Associations, for example, there may be additional restrictions even if state or local zoning permits granny pods.

If this list seems daunting, don’t be dismayed but do be prepared. Once you’ve determined a granny pod is right for you and your family, take time to learn about local zoning requirements, so the process goes smoothly.

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