Hamilton zoning for small homes

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 · Hamilton’s term: “Additional Dwelling Unit – Detached (D-ADU)”

One Additional Dwelling Unit – Detached is permitted as of right on a lot with a single detached, semi-detached, duplex, street townhouse or triplex dwelling in the urban zones of By-law 05-200, in the rear and/or interior side yard. In the Agriculture (A1), Rural (A2) and Settlement Residential (S1) zones it is permitted only on lots of at least 1.5 ha. [1]

Maximum size: Gross floor area: the lesser of 75 m² or the gross floor area of the principal dwelling. If the principal dwelling's ground floor area is 105 m² or less, the D-ADU's ground floor area may not exceed 70% of it. Combined lot coverage of all buildings on a lot with a D-ADU is capped at 45% (s.4.33.2 i) [2]
Maximum height: 6.0 m; balconies and rooftop patios prohibited above the first floor (s.4.33.2 h) [2]
Setbacks: Minimum 1.2 m from the interior side lot line and the rear lot line (eaves/gutters may project 0.45 m). Not closer to the flankage street than the principal dwelling (s.4.33.2 d–e) [2]
Separation from house: Rear yard: minimum 4.0 m from the rear wall of the principal dwelling. Interior side yard: 4.0 m from the side wall and at least 5.0 m behind the front façade (s.4.33.2 g) [2]
Where allowed: All zones except Rural and Open Space/Park zones (s.4.33.2 a). In A1, A2 and S1 zones: one D-ADU on a lot with a single detached dwelling and a minimum lot area of 1.5 ha, with 7.5 m rear separation, GFA no more than the principal dwelling, and 25% combined coverage (s.4.33.4) [2]
Number allowed: Maximum one D-ADU per lot; no more than four dwelling units on a lot containing an ADU and/or D-ADU (s.4.33 c, 4.33.2 a) [2]
Parking: No parking required in Parking Rate Areas (PRA) 1, 2 or 3; 1 space per unit in all other areas [3]
Servicing: An extension of servicing from the primary dwelling is permitted; separate servicing for a D-ADU is not permitted. An unobstructed path at least 1.0 m wide with 2.1 m clearance from the street to the entrance is required [4]
Approvals: Building permit reviewed by the City's ADU Team; a minor variance is needed if the design does not conform to the Zoning By-law; a professional grading plan may be required for some detached ADUs [4]

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. [5][6][7]

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 · Hamilton’s term: “Single Detached Dwelling”

The Low Density Residential (R1) zone regulations and the A1, A2 and S1 rural zone regulations in By-law 05-200 set minimum lot area, lot width and setbacks but no minimum dwelling floor area. A small house on a foundation is subject to the same standards as any single detached dwelling. [8][9]

Minimum dwelling size: None found in the R1 single detached regulations (s.15.1.2.1) or in the A1, A2 or S1 zone sections. R1 minimum lot area is 360.0 m² and minimum lot width is 12.0 m [10]

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. [5][11][12][13][14][15][16]

Tiny home on wheels or park model

Living full-time in a tiny home on wheels or a park model home.

Allowed with limits · Hamilton’s term: “mobile home / major recreational equipment”

Section 4.2 says no vehicle or major recreational equipment (motor homes, travel trailers, tent trailers) may be used for human habitation, whether or not on wheels or a foundation, except a mobile home where specifically permitted. Mobile homes are permitted only on specific rural sites that Schedule C special exceptions zone for mobile home parks. [2][1]

Where allowed: Mobile home parks only, through site-specific Schedule C special exceptions on A1/A2/P6 lands (e.g. Exception 89, part of 1085 and 1091 Concession 10 West, up to 100 units; Exception 92, part of 1429 Sheffield Road, up to 186 units) [17]
Temporary garden suite: Schedule E records site-specific temporary use permissions for a portable 'Garden Suite' on three A1/A2 properties, all with expiry dates in 2017–2018. No general permission exists; each one has been a site-specific temporary use by-law [18]

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. [16][11][5][13][12]

Bunkie or sleeping cabin

A small sleeping building with no kitchen, usually beside a cottage or house.

Not addressed · Hamilton’s term: “accessory building”

By-law 05-200 does not mention bunkies or sleeping cabins. The general accessory building rules apply, including that accessory buildings shall not be used as a dwelling unit, which the by-law defines as having cooking and sanitary facilities.

Kitchen: Accessory buildings shall not be used as a dwelling unit unless otherwise provided (s.4.8 a) [2]
Maximum height: 4.5 m for accessory buildings generally (s.4.8 g); 6.0 m for buildings accessory to a single detached dwelling in A1 and A2 zones (s.4.8.1.2 a) [2]
Maximum size: Combined lot coverage of all accessory buildings: the lesser of 45 m² or 7.5% of lot area (all zones except A1/A2, s.4.8.1.1 a). In A1/A2: aggregate GFA the lesser of 200 m² or 5% lot coverage (s.4.8.1.2 b) [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. [13][11][5][19]

Official links

Last confirmed October 2026.

Notes and caveats

Rules come from the City's section-by-section consolidations of By-law 05-200 (Sections 3, 4 and 15 dated Oct/Sep 2026). Some lands, outside the new Low Density Residential zones, are still governed by former-municipality by-laws (e.g. Hamilton 6593, Stoney Creek 3692-92), which may differ. Section 5 (Parking) is posted as 'not final' and parts of it are under appeal at the Ontario Land Tribunal (OLT-24-000544). Section 4.33.1 carries notes saying some clauses will be updated by a forthcoming amendment to reflect Planning Act s.35.1. I did not reverify the ADU incentive program.

Sources

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Hamilton zoning for small homes

Backyard suite

Ontario-wide rule

Tiny home on a foundation

Ontario-wide rule

Tiny home on wheels or park model

Ontario-wide rule

Bunkie or sleeping cabin

Ontario-wide rule

Official links

Sources

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