Kapuskasing zoning for small homes
Town of Kapuskasing, a single-tier municipality. Population 8,057 (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 · Kapuskasing’s term: “garden suite”
A detached garden suite is permitted as an accessory use to a single detached dwelling only once Council passes a site-specific temporary use by-law under Section 39 of the Planning Act. The by-law's second residential unit is defined as a unit within the main dwelling, not in a detached building. Ontario's Planning Act (s. 35.1) overrides zoning provisions that would prohibit one unit in a building ancillary to a house on serviced urban land. [1][2]
- Maximum size
- 74 m² (796.52 ft²) gross floor area (s. 3.1.10, as amended by By-law 4430) [3]
- Maximum height
- One storey (s. 3.1.10) [3]
- Setbacks
- Rear or interior side yard only; at least 3 m (9.84 ft) from the rear and interior side lot lines (s. 3.1.10) [3]
- Minimum lot size
- Lot must meet the minimum lot area of its zone (s. 3.1.10) [3]
- Number allowed
- Not permitted on a lot with an existing guest cabin (s. 3.1.10) [3]
- Approvals
- Site-specific temporary use by-law under s. 39 of the Planning Act required (s. 3.1.10) [3]
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. [2][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 · Kapuskasing’s term: “single detached dwelling”
The zone regulations table (Table 29) sets lot, yard, height and coverage rules for single detached dwellings in the R1, RR and RU zones but no minimum dwelling floor area. Section 3.3.4 refers to a dwelling unit area 'required by this By-law', but no such minimum was found in the zone regulations.
- Minimum dwelling size
- None set in the zone regulations (Table 29) for R1, R3, RR or RU [3]
- Minimum lot size
- R1: 550 m² (5,920 ft²) with 18 m frontage; RR on municipal services: 550 m²; RR on private services: 0.4 ha; RU: 4 ha (Table 29) [3]
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. [2][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 · Kapuskasing’s term: “mobile home / park model trailer”
Mobile homes and park model trailers are permitted uses in the Residential Mobile Home (RMH) zone, which provides for mobile home parks and mobile home sites. Elsewhere, no vehicle body or structure other than a dwelling unit may be used for human habitation, and a recreational vehicle may be used for living or sleeping for no more than 60 days in any 10 consecutive months.
- Where allowed
- Residential Mobile Home (RMH) zone: mobile home, mobile home park, park model trailer (s. 11.1) [3]
- Minimum lot size
- Mobile home site: 465 m² (5,005 ft²) with 15 m frontage; mobile home park: 2.5 ha with at least 20 sites (Table 29, s. 11.3) [3]
- Temporary garden suite
- A garden suite (defined as portable) may be permitted by a site-specific temporary use by-law under s. 39 of the Planning Act (s. 2.125, s. 3.1.10) [3]
- Approvals
- No truck, bus, coach or streetcar body or structure other than a dwelling unit may be used for human habitation, whether or not on wheels (s. 3.11.2); recreational vehicles: no living or sleeping use for more than 60 days in 10 consecutive months (s. 3.20.8, s. 25.3) [3]
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][2][8][7]
Bunkie or sleeping cabin
A small sleeping building with no kitchen, usually beside a cottage or house.
Allowed with limits · Kapuskasing’s term: “guest house”
A guest house (living quarters with no kitchen) is listed as an accessory use in the Rural Residential (RR) and Rural (RU) zones, but Table 3.1 permits it only as an accessory use to a seasonal dwelling. Cooking facilities are not permitted.
- Where allowed
- RR and RU zones, only accessory to a seasonal dwelling (s. 10.1, s. 25.1, Table 3.1) [3]
- Maximum size
- RR zone: 25 m² (269.09 ft²) (s. 10.3.2); Table 3.1 lists 46 m² (495.14 ft²) for a guest house [3]
- Kitchen
- No cooking facilities permitted (s. 2.134, Table 3.1, s. 10.3.2) [3]
- Number allowed
- Maximum of 2 accessory buildings per lot for a residential use, excluding a swimming pool (Table 3.1) [3]
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][2][12]
Official links
Last confirmed October 2026.
Notes and caveats
Sources
- Town of Kapuskasing web page (kapuskasing.ca)
- Planning Act (Ontario e-Laws)
- Zoning By-law 4198
- 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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