Concern about tiny houses lowering the value of neighboring homes has Ross commissioners considering setting a minimum size for single-family homes in the township.

As proposed, all single-family dwellings, whether constructed or altered, would have to be at least 1,500 square feet.

But when introduced at a commissioners meeting Monday, Aug. 4, Commissioner Chris Eyster said he believes the requirement would be unconstitutional.

Establishing a minimum size, he said, is “arbitrary and capricious” and infringes on people’s rights to freely use and enjoy their land. The proposed ordinance also does not state a governmental interest or how it relates to one, he said.

Commissioner Joseph Muha raised concern about what “alteration” meant, such as if remodeling a kitchen would trigger the requirement. He said he counted 66 homes in his own neighborhood under 1,500 square feet — the smallest at 790 square feet.

“These homes already exist all over the township,” he said.

Resident Joe Aguglia said the size requirement could run afoul of the federal Fair Housing Act and the Americans with Disabilities Act.

Dominic Rickert, community development director for Ross, said the proposed ordinance came from a discussion at a commissioners’ committee meeting about tiny homes, which included talk about establishing a minimum size so they would not affect property values.

Setting a minimum size would be a hedge against tiny houses driving down the value of current residents’ properties, said Commissioner Denise Rickenbrode, who chairs the planning, zoning and economic development committee, which includes Eyster and Commissioner Sarah Poweska.

All existing homes would be grandfathered.

Ross drafted a simple proposal after reviewing such ordinances from other municipalities that are more complicated, Rickenbrode said.

Rickenbrode said Rickert “was getting some questions about if Ross Township allows tiny houses. We thought it would be best to address it,” she said. “The whole idea behind it is to maintain the character of the township and the aesthetics of the neighborhoods.”

Rickenbrode said she is not aware of any tiny houses currently in Ross. She said some of the existing small homes in the township had once been cabins for trolley workers.

Rickert said he has gotten a few calls from people interesting in placing tiny houses in Ross, with one at only 460 square feet.

Commissioners could change the size requirement, to 1,200 or 1,000 square feet, or reject it entirely, he said, stressing that the decision is up to commissioners.

“I have no say in any of this,” Rickert said.

Ross commissioners next meet at 7 p.m. Aug. 18.

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