Latchford zoning for small homes
Town of Latchford, a single-tier municipality. Population 355 (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 Latchford’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.
We haven’t researched Latchford’s by-law for this yet.
What applies everywhere in Ontario
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][4][5][6][7][8][9]
- Provincial minimum dwelling size
- No statute sets a minimum total floor area for a main dwelling. The Planning Act lets zoning by-laws regulate the 'size, floor area' of buildings. The ban on minimum floor areas in ss. 35.1(1.2) and 16(3.2) covers only additional residential units. (Planning Act s. 34(1) para. 4; s. 35.1(1.2)) [1]
- Building Code minimum room areas
- Living area 13.5 m² (11 m² when combined with kitchen and dining in a unit sleeping 2 or fewer). Dining 3.25 m² combined or 7 m² separate. Kitchen 4.2 m² (3.7 m² for 2 or fewer persons). Master bedroom 9.8 m² (8.8 m² with built-ins). Other bedrooms 7 m² (6 m² with built-ins). Bedroom space combined with other space 4.2 m². A fully combined living, dining, bedroom and kitchen space for 2 or fewer persons must be at least 13.5 m². An enclosed bathroom with a water closet, lavatory and tub or shower is also required. (2024 Building Code, Div. B, Subsections 9.5.3A-9.5.3F) [7]
- Smallest practical size (provincial guidance)
- The Ministry's guide says an open-concept tiny home can be as small as 17.5 m². [8]
- Building permit
- A building permit is required to build a house, including a factory-built one placed on the lot. (Building Code Act s. 8(1)) [4]
- Factory-built homes (CSA A277 / Z240.2.1)
- A manufactured Part 9 building is deemed to comply with the Code if it is built to CSA Z240.2.1 (sections no wider than 4.88 m) or certified to CSA A277. The Code still applies to components built outside the factory and to site installation, such as foundations and anchorage. (2024 Building Code, Div. B, Article 9.1.1.9.; Div. C, Article 1.12.1.1.) [7]
- Tiny houses built off-site
- For houses with one dwelling unit and 37 m² or less in building area that are partly built in one municipality and installed in another (or at a location not yet known), the Code sets up a two-permit process. The originating municipality reviews construction. The receiving municipality's permit covers applicable law and site installation. In effect since January 1, 2022 and carried into the 2024 Code. (2024 Building Code, Div. C, Section 1.11.) [7]
Tiny home on wheels or park model
Living full-time in a tiny home on wheels or a park model home.
We haven’t researched Latchford’s by-law for this yet.
What applies everywhere in Ontario
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. [1][4][7][9][8]
- When a unit on wheels is a building
- Provincial guidance says any structure on wheels can be a building if it stays in the same spot for a period of time, especially if it is connected to water, sewage or electricity, has exterior stairs, or is fixed or anchored to the site. It may then need a building permit and must meet Building Code requirements. This generally does not apply to towed recreational vehicles and campers: 'if you can drive it or if it needs a licence plate, then it is likely not a building.' [9]
- Mobile homes (CSA Z240 MH)
- The 2024 Building Code references the CSA Z240 MH Series (Manufactured homes) and CSA Z240.2.1. A manufactured home built to CSA Z240.2.1 in sections no wider than 4.88 m is deemed to comply with the Code. Its foundation and anchorage may follow CSA Z240.10.1. (2024 Building Code, Div. B, Articles 9.1.1.9., 9.15.1.3., 9.23.6.3.; Table 1.3.1.2.) [7]
- Park model trailers (CSA Z241)
- A manufactured building built to CAN/CSA-Z241 is deemed to comply with the Code only when used or intended to be used as a seasonal recreational building. Provincial guidance says not to buy a Z241 unit to live in year-round. (2024 Building Code, Div. B, Section 9.39.) [7]
- Mobile home siting
- Unless a zoning by-law or Minister's order authorizes otherwise, a mobile home may be located only on a legally conveyable parcel, and no more than one per parcel. A 'mobile home' is a dwelling designed to be made mobile and built as a permanent residence. Travel trailers and tent trailers are excluded. (Planning Act s. 46(1)-(2)) [1]
- Garden suite definition
- A garden suite is a one-unit detached residential structure with bathroom and kitchen facilities that is ancillary to an existing residential structure and designed to be portable. (Planning Act s. 39.1(2)) [1]
- Garden suite term
- A council may authorize a garden suite through a temporary-use by-law under s. 39. The by-law must define its area and may last up to 20 years from passing. Council may grant further periods of up to 3 years each. When the authorization ends, the use does not continue as a legal non-conforming use. Council may require an agreement covering installation and removal, period of occupancy and financial security. (Planning Act s. 39.1(1), (3)-(5)) [1]
Bunkie or sleeping cabin
A small sleeping building with no kitchen, usually beside a cottage or house.
We haven’t researched Latchford’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. [4][7][10][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)) [4]
- 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)) [7]
- 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)) [4]
- 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
We haven’t recorded Latchford’s website or zoning by-law yet. Its planning or building department can confirm what applies to your lot.
Sources
- Planning Act (Ontario e-Laws)
- O. Reg. 299/19: Additional residential units (Ontario e-Laws)
- Development Charges Act, 1997 (Ontario e-Laws)
- Building Code Act, 1992 (Ontario e-Laws)
- O. Reg. 163/24: Ontario Building Code (Ontario e-Laws)
- 2024 Ontario Building Code (Government of Ontario)
- Government of Ontario PDF
- Build or buy a tiny home: Building Code requirements (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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