Hilton zoning for small homes
Township of Hilton, a single-tier municipality. Population 382 (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.
We haven’t researched Hilton’s by-law for this yet.
What applies everywhere in Ontario
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. [1][2][3]
- Units allowed
- A zoning by-law cannot prohibit one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse, if the main house has no more than two units and no other ancillary building has a unit. That allows up to 3 units per lot. Official plans are under the same restriction. In force November 28, 2022 (Bill 23, 2022, c. 21, Sched. 9). (Planning Act s. 35.1(1)(c); s. 16(3)(c)) [1]
- Ancillary-building limit
- All buildings ancillary to the house can together hold no more than one residential unit. If the house itself has three units, no ancillary building may have a unit. (Planning Act s. 35.1(1)(a)-(c); s. 16(3)(a)-(c)) [1]
- Eligible land
- These protections apply to a 'parcel of urban residential land'. That means land inside a settlement area, where residential use (other than ancillary residential use) is permitted by by-law, and that is served by both municipal sewage works and a municipal drinking water system. Lots on private wells or septic systems are not covered. (Planning Act s. 1(1), definition of 'parcel of urban residential land') [1]
- Parking
- Municipalities cannot require more than one parking space for each additional unit (the primary unit is not counted). O. Reg. 299/19 sets one space per additional unit, which may be a tandem space. No space is needed if the by-law requires none for the primary unit. A by-law that requires no ARU parking prevails over the regulation. (O. Reg. 299/19 ss. 2-3; Planning Act s. 35.1(1.1); s. 16(3.1), as amended 2023, c. 10) [2]
- Minimum unit size
- A zoning by-law cannot set a minimum floor area for these units, and an official plan cannot contain a minimum floor area policy for them. (Planning Act s. 35.1(1.2); s. 16(3.2)) [1]
- Lot coverage and separation (urban residential land)
- Up to 45% lot coverage by all buildings is permitted. There is no floor space index limit, subject to by-law height and setback rules. A building with an ARU may penetrate angular planes. The minimum lot area is the same as if there were no ARU. A building containing an ARU must be at least 4 m from another building on the lot that contains a residential unit. A by-law allowing more coverage or less separation prevails. Added by O. Reg. 462/24, in force November 20, 2024, under the regulation power from Bill 185 (2024, c. 16). (O. Reg. 299/19 ss. 4-5) [2]
- Occupancy
- Anyone may occupy an additional unit, whether or not they are related to the occupant of the primary unit and whether or not either occupant owns the lot. An ARU is permitted regardless of when the primary house was built. (O. Reg. 299/19 s. 2, paras. 4-5) [2]
- Appeals
- No one can appeal official plan policies or the parts of a zoning by-law that authorize these units. This covers any parcel where residential use is permitted. (Planning Act ss. 17(24.1), 17(36.1); s. 34(19.1)) [1]
- Development charges
- Creating one unit in a building ancillary to an existing or new detached house, semi-detached house or rowhouse is exempt from development charges, within the same 3-unit limits. In force November 28, 2022, amended June 8, 2023. (Development Charges Act s. 2(3.2) para. 3; s. 2(3.3) para. 3) [3]
- Parkland
- A parkland dedication by-law does not apply to putting up one residential unit in an ancillary building, within the same 3-unit limits. (Planning Act s. 42(1.3)(c)) [1]
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 · Hilton’s term: “detached dwelling”
All residential zones, including the Rural zone, require a minimum dwelling unit area of 70 m2 (750 sq ft).
- Minimum dwelling size
- 70 m2 (750 sq. ft.) in the R1, R2, RU, SR and LSR zones (Table B1) [4]
- Minimum lot size
- 675 m2 (R1), 1,000 m2 (R2), 2 ha (RU), 1 ha (SR, LSR) (Table B1) [4]
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. [1][5][6][7][8][9][10]
Tiny home on wheels or park model
Living full-time in a tiny home on wheels or a park model home.
Allowed with limits · Hilton’s term: “trailer / mobile home dwelling”
Using a trailer for human habitation is prohibited except in a camping establishment, trailer park or mobile home park, or under the Township's trailer licensing by-law; a mobile home or RV may be a temporary dwelling while a house is built under a building permit.
- Where allowed
- Campground is a permitted use in the MR (Major Recreation) zone (Table A3); 'Dwelling, Mobile Home' is defined but is not listed as a permitted use in the residential or rural zone tables (Tables A1, A3) [4]
- Temporary garden suite
- Where a building permit has been issued for a dwelling unit, a mobile home or recreational vehicle may be a temporary dwelling under the Township's trailer licensing by-laws (s. 4.22 ii) [4]
- Approvals
- Prohibited in any zone: use of any trailer for human habitation except in a camping establishment, trailer park or mobile home park or where licensed under the Township's trailer licensing by-law; use of any motor vehicle for habitation (s. 4.17 a, b) [4]
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. [10][5][1][7][6]
Bunkie or sleeping cabin
A small sleeping building with no kitchen, usually beside a cottage or house.
We haven’t researched Hilton’s by-law for this yet.
What applies everywhere in Ontario
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. [7][5][11][1]
- Permit threshold (Building Code Act)
- A 'building' includes any structure occupying more than 10 m², and any structure of 10 m² or less that contains plumbing. No one may build a building without a permit. (Building Code Act s. 1(1), definition of 'building'; s. 8(1)) [7]
- 15 m² shed exemption
- A shed is exempt from a permit and from the Code if it is 15 m² or less in gross area, one storey, detached from any other structure, used only for storage ancillary to a principal building on the lot, and has no plumbing. Because of the storage-only condition, the exemption does not cover a bunkie used for sleeping. In effect April 29, 2022 (O. Reg. 451/22) and carried into the 2024 Code. (2024 Building Code, Div. C, Sentence 1.3.1.1.(6)) [5]
- Plumbing
- A structure of any size that contains plumbing is a 'building' and needs a permit. (Building Code Act s. 1(1), definition of 'building', clause (b)) [7]
- Provincial accessory sleeping-structure rule
- No provincial statute or regulation specifically regulates bunkies or accessory sleeping cabins. Whether they are allowed is up to the municipal zoning by-law. (Planning Act s. 34(1)) [1]
Official links
Last confirmed October 2026.
Notes and caveats
Sources
- Planning Act (Ontario e-Laws)
- O. Reg. 299/19: Additional residential units (Ontario e-Laws)
- Development Charges Act, 1997 (Ontario e-Laws)
- Zoning By-law 1025-11 (St. Joseph Island Zoning By-law), with amendments
- 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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