Markham zoning for small homes

City of Markham, in the Region of York. Population 338,503 (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 · Markham’s term: “additional residential unit in an accessory building”

Since amending By-law 2026-44, one additional residential unit may be located in an accessory building on a lot with a detached, semi-detached or townhouse dwelling. It is regulated by the general accessory building standards, whose floor area cap depends on lot size and lane access. The former 'garden home' and 'coach house' sections were deleted. [1]

Maximum size: Lots accessed from the front or exterior side yard: 15 m² GFA above grade per accessory building if lot area is 500 m² or less; 60 m² if lot area is over 500 m² (s.4.8.1.2 b). Lane-accessed lots: 15 m² per building, but one accessory building may have lot coverage of the greater of 15% or 40 m² (lots under 4,000 m²) / 60 m² (4,000 m² or more) (s.4.8.1.3 c–d) [2]
Maximum height: Front-accessed lots: 4.0 m (lot area 4,000 m² or less) or 5.5 m (over 4,000 m²). Lane-accessed lots: 3.0 m / 5.5 m, or 8 m for an accessory building over 15 m² of at least 2 storeys (s.4.8.1.2 d, 4.8.1.3 g–h) [2]
Setbacks: Minimum 1.2 m from interior side and rear lot lines, reducible to 0.5 m on lots under 4,000 m² where the facing wall has no doors or windows. Exterior side setback no less than the main building's (s.4.8.1.2 e–f, 4.8.1.3 j–k) [2]
Separation from house: Accessory buildings of 15 m² or greater: minimum 4.0 m from any other building on the lot (1.8 m if under 15 m²) (s.4.8.1.1 b) [2]
Number allowed: Where an ARU is in an accessory building, only one ARU is permitted in the main dwelling (s.4.9.9 e) [2]
Where allowed: Lots containing a detached, semi-detached or townhouse dwelling; not in a GWY1 zone or on TRCA-prescribed hazard lands (s.4.9.9 a, f). Accessory buildings are not permitted in a front yard (s.4.8.1.1 a) [2]
Parking: No minimum in Parking Zones 1 and 2. In Parking Zones 3 and 4: 1.0 space per ARU, and the principal dwelling's requirement drops to 1 space (Tables 5.3.7, 5.5.1) [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 · Markham’s term: “detached dwelling”

By-law 2024-19 sets minimum gross floor areas only for non-residential uses in certain zones. No minimum dwelling unit floor area was found for detached dwellings in the residential or countryside zones.

Minimum dwelling size: None found; the only 'minimum gross floor area' provisions in the consolidation apply to non-residential uses [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.

Needs approval · Markham’s term: “recreational motor vehicle / garden suite”

Section 4.7 b) prohibits using any tent, trailer, coach body, rail car or motor vehicle for human habitation unless expressly permitted, and a recreational motor vehicle may not be used as a dwelling unit. A 'garden suite', which may include a dwelling unit in a recreational motor vehicle, is permitted only through a temporary use by-law under the Planning Act.

Temporary garden suite: Where a Temporary Use By-law is passed: one portable garden suite in the rear yard, maximum 60 m² GFA (not exceeding the principal dwelling's GFA), maximum height 4.5 m, at least 6.0 m from the main building, within 30.0 m of the street access lot line, 1.2 m rear/interior side setbacks, not with a coach house or garden home, and outside the Special Policy Area (s.4.9.10) [2]
Where allowed: No mobile home or trailer park zone found in By-law 2024-19 [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.

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

By-law 2024-19 does not mention bunkies or sleeping cabins, so the general accessory building size, height and setback limits apply. In the Oak Ridges Moraine Conservation zones (Part 14.0), accessory buildings may not be used for human habitation unless expressly permitted.

Maximum size: 15 m² GFA per accessory building on lots of 500 m² or less; 60 m² on lots over 500 m² (front-accessed lots, s.4.8.1.2 b) [2]
Number allowed: 2 accessory buildings on lots of 4,000 m² or less; 4 on lots over 4,000 m² (s.4.8.1.2 a) [2]
Maximum height: 4.0 m (lot 4,000 m² or less) or 5.5 m (over 4,000 m²) (s.4.8.1.2 d) [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

By-law 2024-19 does not apply to all lands; areas greyed out on the City's interactive map remain under older parent by-laws (e.g. 177-96, 28-97), and some site-specific OLT appeals remain. Amending By-law 2026-44 (passed March 24, 2026) deleted the former s.4.9.10 Garden Homes and s.4.9.12 Coach House Dwellings. The City's 'Coach Houses and Garden Homes' guide (Dec 2025, https://www.markham.ca/sites/default/files/2025-12/Coach-House-Garden-Home-Guide.pdf) still shows the pre-2026-44 rules (60 m², 4.5 m / 8.0 m height), which conflict with the July 2026 consolidation. My reading that a detached ARU is governed only by the s.4.8.1 accessory building limits comes from the consolidation; I found no City explainer of 2026-44. Section 4.9.10 carries a note pointing to O. Reg. 462/24 'for certain modified standards'.

Sources

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