Amherstburg zoning for small homes
Town of Amherstburg, in the County of Essex. Population 23,524 (2021 census).
Backyard suite
A separate home in the yard of a house: garden suite, laneway suite or coach house, including prefab, modular or container units used this way.
Allowed · Amherstburg’s term: “secondary dwelling unit (in an accessory structure)”
One secondary dwelling unit is permitted in any zone where a single detached, semi-detached or rowhouse dwelling is permitted, including in a detached accessory structure in the rear or interior side yard. The by-law defines the unit as ancillary to an owner-occupied primary dwelling. [1]
- Where allowed
- Any zone where a single detached, semi-detached or rowhouse dwelling is a permitted use; accessory structure must be in the rear yard or an interior side yard (Section 3(3)) [2]
- Number allowed
- One secondary dwelling unit per single detached, semi-detached or rowhouse dwelling (Section 3(3), dwelling units per lot iii) [2]
- Maximum size
- Must be subordinate in size to the main dwelling; total accessory buildings limited to 10% of lot area and 100 m² (1,076 sq ft) in residential zones other than R1A (185 m² / 1,991 sq ft in R1A); in the Agricultural zone, a secondary dwelling unit may cover up to 185 m² (1,991 sq ft) [2]
- Minimum dwelling size
- 30.0 m² minimum gross floor area for a secondary dwelling unit in an accessory structure [2]
- Maximum height
- 5.5 m to the roof peak for accessory buildings (other than Industrial or Agricultural zones) [2]
- Separation from house
- Must be located within 20 m of the primary dwelling [2]
- Setbacks
- Accessory buildings in an interior side or rear yard: not closer than 1.2 m to any lot line; not permitted in a required exterior side yard [2]
- Parking
- Minimum one parking space in addition to the main dwelling's parking; tandem parking permitted; no new additional driveway [2]
Ontario-wide rule
Ontario law stops municipalities from banning one residential unit in a building ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, as long as the lot has no more than three units in total. Municipalities still set most other zoning rules, but provincial law limits parking requirements, minimum unit size, lot coverage and separation distances. These units are also exempt from development charges and parkland dedication. [3][4][5]
Tiny home on a foundation
A small house as the main home on its own lot. The key rule is any minimum dwelling size.
Allowed with limits · Amherstburg’s term: “single dwelling”
The by-law sets a minimum dwelling unit area of 70 m² for a single dwelling, and higher minimums in the main residential zones (90 m² in R1).
- Minimum dwelling size
- General minimum: 70 m² for a dwelling unit constituting a single dwelling (Section 3(3) Dwelling Unit Area (Minima)); R1, R1A and R1B zones: 90 m²; R2 and R3 zones: 75 m² for a single detached unit [2]
Ontario-wide rule
Ontario law sets no minimum total size for a house that is the main dwelling. The Building Code sets minimum room areas, so the smallest compliant dwelling is roughly 17.5 m² by the Province's own estimate. Municipalities may still set minimum floor areas for main dwellings in their zoning by-laws. The provincial ban on minimum sizes covers only additional residential units. [3][6][7][8][9][10][11]
Tiny home on wheels or park model
Living full-time in a tiny home on wheels or a park model home.
Allowed with limits · Amherstburg’s term: “mobile home / trailer”
Occupied vehicles for human habitation are prohibited in all zones other than mobile homes where specifically permitted, and travel trailers are excluded from the definition of dwelling. New mobile homes are permitted in the Residential Modular Home Park (RMH) zone, and in the Agricultural zone only existing mobile homes or ones accessory to an agricultural use.
- Where allowed
- RMH zone permits mobile home park, mobile home and modular home; Agricultural zone permits an existing mobile home and a mobile home accessory to an agricultural use [2]
- Minimum dwelling size
- Mobile home: 55 m² (existing mobile home: 44 m²) [2]
- Approvals
- Uses restricted in all zones include 'an occupied vehicle for human habitation other than a mobile home where specifically permitted' (Section 3(31)) [2]
Ontario-wide rule
Ontario has no single rule for living full-time in a tiny home on wheels. A unit on wheels can count as a 'building' that needs a permit and must meet the Building Code once it stays in one place, is hooked up to services or is anchored. Park model trailers are recognized only as seasonal recreational buildings. Municipalities may allow a portable garden suite under a temporary-use by-law for up to 20 years, with extensions of up to 3 years each. [11][6][3][8][7]
Bunkie or sleeping cabin
A small sleeping building with no kitchen, usually beside a cottage or house.
Not addressed
The by-law does not mention bunkies or sleeping cabins. General accessory building rules apply (5.5 m height and accessory lot coverage limits), and the Residential Heritage (RH) zone allows accessory buildings only where they are not used for human habitation.
- Maximum height
- 5.5 m to the roof peak for accessory buildings outside Industrial and Agricultural zones [2]
Ontario-wide rule
Ontario law has no rule written specifically for bunkies or sleeping cabins. Whether one needs a building permit depends on the Building Code Act's definition of 'building' and the Code's shed exemption. That exemption covers only storage-use sheds, so it does not cover a structure used for sleeping. Municipal zoning rules for accessory buildings still apply. [8][6][3][12]
Official links
Last confirmed October 2026.
Notes and caveats
Sources
- Town of Amherstburg web page (amherstburg.ca)
- Zoning By-law 1999-52
- Planning Act (Ontario e-Laws)
- O. Reg. 299/19: Additional residential units (Ontario e-Laws)
- Development Charges Act, 1997 (Ontario e-Laws)
- Government of Ontario PDF
- Build or buy a tiny home: Building Code requirements (Government of Ontario)
- Building Code Act, 1992 (Ontario e-Laws)
- O. Reg. 163/24: Ontario Building Code (Ontario e-Laws)
- 2024 Ontario Building Code (Government of Ontario)
- Build or buy a tiny home: permits and inspections (Government of Ontario)
- Building Code updates (Government of Ontario)
Not legal advice
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