Hamilton zoning for small homes
Township of Hamilton, in the County of Northumberland. Population 11,059 (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 · Hamilton’s term: “additional residential unit (detached accessory building)”
One additional residential unit of up to 98 m² is permitted in a building accessory to a single detached or semi-detached dwelling, but not in the Limited Service Residential, Waterfront Residential or Oak Ridges Moraine Core/Linkage zones, and within the Oak Ridges Moraine only inside the principal dwelling. Lots must have frontage on and access from an improved public street. [1]
- Maximum size
- 98 m² floor area (s. 5.2 f) ii.) [2]
- Maximum height
- 5.5 m (18 ft) (s. 5.2 p) iii.) [2]
- Separation from house
- Minimum 1.2 m (4 ft) from the principal dwelling (s. 5.2 p) ii.) [2]
- Setbacks
- Accessory building minimum yard requirements of the zone; must comply with Minimum Distance Separation formulae (s. 5.2 p) i., v.) [2]
- Where allowed
- With single detached and semi-detached dwellings; not in LSR, WR, ORMC or ORML zones; in the Oak Ridges Moraine only within the principal dwelling; only on lots with frontage on and access from an improved public street (s. 5.2 a), b), c), e)) [2]
- Number allowed
- Maximum two additional units per lot: one within the dwelling (max 186 m²) and one in an accessory building; an existing garden suite counts as the accessory unit (s. 5.2 d), f)) [2]
- Parking
- 1 additional space per unit; tandem to a maximum of one space (s. 5.2 m)) [2]
- Servicing
- Servicing statement from the water purveyor on municipal water, or a Well Certification Test/Report dated within one year of the permit application on private services, to the satisfaction of the CBO (s. 5.2 g)) [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 · Hamilton’s term: “single detached dwelling”
The by-law sets minimum gross floor areas for dwellings in all main residential and agricultural zones, from 74.32 m² to 150 m² depending on zone.
- Minimum dwelling size
- PA and MA: 90 m² (968.7 ft²); ER: 150 m² (1,614.6 ft²); RR: 89 m² (958.0 ft²); LSR (seasonal dwelling): 74.32 m² (800 ft²); WR: 89 m²; UR1: 100 m² (1,076.4 ft²) (ss. 6.3.2, 7, 8, 9, 10.3.2, 11, 13 zone regulations) [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 · Hamilton’s term: “mobile home / travel trailer”
Mobile homes are defined as dwellings within a mobile home park and are provided for in the Mobile Home Residential (MHR) zone; travel trailers are provided for only in tent and travel trailer parks. Garden suites require a temporary use by-law and may not be a mobile home, travel trailer or other trailer.
- Where allowed
- Mobile Home Residential (MHR) zone: mobile home park (s. 12); travel trailers in tent and/or travel trailer parks where permitted (e.g. s. 18.3.6) [2]
- Minimum dwelling size
- MHR mobile home site: gross floor area of mobile home dwelling 37 m² (s. 12.3.3 i)) [2]
- Temporary garden suite
- Requires a temporary use zoning by-law (max 10 years), site plan control and an agreement; 49–65 m² (527.4–699.7 ft²), height max 4.5 m; definition excludes single or double wide mobile homes, travel trailers, tent trailers or other trailers (s. 5.15; s. 3A definition) [2]
- Approvals
- No truck, bus, coach body or structure other than a lawfully erected dwelling unit shall be used for human habitation, whether or not on wheels (s. 5.41) [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.
Allowed with limits · Hamilton’s term: “sleeping cabin”
A sleeping cabin is a permitted accessory use in the Limited Service Residential (LSR) zone, limited to one per lot, 320 sq ft, sleeping accommodation only and no plumbing. In other zones, including Waterfront Residential, accessory buildings may not be used for human habitation unless a dwelling is permitted as an accessory building.
- Where allowed
- Limited Service Residential (LSR) zone: 'accessory building(s) or use(s) including one sleeping cabin' (s. 10.2.2 b)) [2]
- Number allowed
- One sleeping cabin (s. 10.2.2 b)) [2]
- Maximum size
- 320 sq ft (definition of Sleeping Cabin, s. 3A) [2]
- Kitchen
- Sleeping accommodation only; no plumbing or sanitary waste disposal systems; accessory to the principal seasonal residential dwelling (definition, s. 3A) [2]
- Maximum height
- LSR accessory buildings: 4.5 m (14.8 ft) (s. 10.3.3 e)) [2]
- Setbacks
- LSR accessory buildings: rear, interior and exterior side 3 m (9.8 ft); accessory lot coverage 5% max (s. 10.3.3) [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
- Hamilton’s guide to additional units
- Comprehensive Zoning By-law 2001-58
- 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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