Essex zoning for small homes
Town of Essex, in the County of Essex. Population 21,216 (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 with limits · Essex’s term: “additional dwelling unit (ADU) / garden suite”
One additional dwelling unit is permitted in a detached accessory building. Inside an Area of Settlement this applies only to Residential District lots served by municipal sewer and water, and the unit is limited to one storey. Outside settlement areas, one ADU is permitted on Agricultural or Residential lots. ADUs are excluded from mobile-home and three-season residential districts. [1]
- Where allowed
- Area of Settlement: Residential District lots serviced by municipal sewage works and drinking water; outside settlement areas: Agricultural and Residential District lots; not in districts permitting exclusively mobile homes or three-season dwellings (s.8.15 a, b) [2]
- Number allowed
- Settlement areas: two ADUs in the main dwelling, or one in the main dwelling and one detached; outside settlement areas: one ADU (s.8.15 a, b) [2]
- Maximum size
- GFA may not exceed that of the largest dwelling unit in the main building, including any attached garage (s.8.15 c iv, v) [2]
- Maximum height
- In an Area of Settlement: one storey, max 4 m (13 ft) storey height, no ADU above the ground floor (s.8.15 c vi, vii) [2]
- Separation from house
- Not within 1.8 m (6 ft) of any other building on the lot (s.8.15 c ix) [2]
- Setbacks
- Permitted in front, side or rear yards but not in a required yard (s.8.15 c x) [2]
- Parking
- One on-site parking space per dwelling unit (s.8.15 c ii) [2]
- Servicing
- Lot must front on a street and be served by a municipal sewer or approved septic system, an approved stormwater outlet and potable water (s.8.15 c i); the Town's guide says a separate service connection is not permitted [2]
- Approvals
- Building permit required [1]
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 · Essex’s term: “single unit dwelling”
The R1.1 and A1.1 district regulations set lot, yard, coverage and height limits but no minimum floor area for a single unit dwelling. The Town's guide notes that tiny homes are not a defined term in the by-law. [1]
- Minimum dwelling size
- No minimum dwelling floor area in the R1.1 (s.14.1) or A1.1 (s.13.1) regulations [2]
- Servicing
- Each dwelling must have stormwater, sanitary, electrical and potable water services approved by the Town (R1.1 reg. ix; s.8.4 a iii) [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 · Essex’s term: “mobile home / travel trailer / motor home”
Using a travel trailer, tent trailer or motor home as a dwelling unit is prohibited in every district unless the by-law provides otherwise. Mobile home dwellings are a permitted use only in a mobile home park in the Residential District 1.4 (R1.4) zone. The Town's guide states that a motor home, RV or trailer is not considered an ADU. [1]
- Where allowed
- R1.4 'Mobile home park': Mobile Home Dwelling in a Mobile Home Park (s.14.4) [2]
- Temporary garden suite
- No temporary garden suite provision found; the only entry in Temporary Use Provisions (s.28.2) concerns fireworks storage [2]
- Approvals
- Prohibited: 'the use of a travel trailer, tent trailer or motor home ... as a dwelling unit' (s.8.4 a ii) [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 · Essex’s term: “accessory building”
The by-law does not address bunkies or sleeping cabins. General accessory building rules apply: no dwelling unit unless permitted, no food-preparation facilities except in a permitted ADU, a maximum height of 4 m, and a 1.8 m ceiling-height limit in the roof space.
- Maximum height
- Accessory building max 4 m (13 ft) (s.10.3 d v); R1.1 accessory buildings limited to 1 storey [2]
- Kitchen
- No food-preparation facilities unless in a permitted ADU or for an accessory activity (s.10.3 d iii) [2]
- Maximum size
- R1.1: no accessory building over 70 m² (750 ft²), all accessory buildings combined max 92 m² (1,000 ft²) [2]
- Separation from house
- Not within 1.8 m (6 ft) of any other building on the lot (s.10.3 a) [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
- Essex’s guide to additional units
- Zoning By-law 1037
- 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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