Tay zoning for small homes
Township of Tay, in the County of Simcoe. Population 11,091 (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 · Tay’s term: “detached accessory dwelling unit”
Section 4.2.1 permits one detached accessory dwelling unit with a single detached or semi-detached dwelling in the R1, R2, SR, A, RU and LSR zones, with size limits based on lot area. Detached units are not permitted in the Grandview Beach/Paradise Point development area. [1]
- Number allowed
- One detached accessory dwelling unit (s.4.2.1). In Port McNicoll and Victoria Harbour with full services, max. 3 dwelling units on a lot including one in an accessory building (s.4.2.3) [1]
- Maximum size
- By lot area: up to 0.20 ha – 56.0 m² (600 ft²); 0.24–0.4 ha – 74.0 m² (800 ft²); over 0.41 ha – 111 m² (1,200 ft²) (s.4.2.1(f)) [1]
- Minimum dwelling size
- Min. 37.0 m² (400 ft²) GFA, except in Port McNicoll and Victoria Harbour settlement areas with full municipal services (s.4.2.1(e)) [1]
- Maximum height
- 4 m and single storey; 6 m total if located above an accessory structure (s.4.2.1(g),(j)) [1]
- Separation from house
- Min. 5 m from the principal dwelling (s.4.2.1(c)) [1]
- Setbacks
- Front 8 m; interior side 2 m; exterior side 4.5 m; rear 2 m (s.4.2.1(m)) [1]
- Where allowed
- R1, R2, SR, A, RU and LSR zones; not in Grandview Beach/Paradise Point development area (s.4.2.1(d)) [1]
- Approvals
- Must be a permanent structure anchored to a permanent foundation; all existing buildings on the lot must be lawful and compliant; max. 10% lot coverage for all detached accessory buildings (s.4.2.1(a),(b),(l)) [1]
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][3][4]
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 · Tay’s term: “single detached dwelling”
The residential zones set minimum gross floor areas for single detached dwellings: 55.74 m² in R1 and R2, 93 m² in Shoreline Residential (SR) and Limited Service Residential (LSR), and 112 m² in Residential Estate (RE). The Agriculture (A) and Rural (RU) zone regulations set no minimum. [1]
- Minimum dwelling size
- R1 and R2: 55.74 m² (s.7.3.1(f), s.8.3.1(f)); SR: 93 m² (s.12.3.6); LSR: 93 m² (s.13.3.6); RE: 112 m² (s.11.3.6); no minimum in the A (s.25.3.1) or RU (s.26.3.1) zones [1]
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][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 · Tay’s term: “mobile home / travel trailer”
Human habitation in a travel trailer, camper trailer or motor home is prohibited in all zones unless otherwise permitted, and human habitation, including camping, is prohibited on vacant lots. Mobile homes built to the Ontario Building Code are permitted in the Residential Mobile Home Park (RMH) zone. A 'garden suite' is defined, but no general provision setting rules for temporary garden suites was found. [1]
- Where allowed
- Mobile homes and mobile home parks: Residential Mobile Home Park (RMH) zone, min. park area 4 ha (s.14.2, s.14.3.1) [1]
- Approvals
- In all zones, human habitation is prohibited in a travel trailer, utility trailer, boat, camper trailer or motor home unless otherwise permitted (s.4.28.6); human habitation including camping is prohibited on a vacant lot (s.4.29) [1]
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][2][7][6]
Bunkie or sleeping cabin
A small sleeping building with no kitchen, usually beside a cottage or house.
Not allowed · Tay’s term: “accessory building”
Section 4.1.2 says no accessory building may be used for human habitation unless a dwelling is a permitted accessory use or the building forms part of the main building. The by-law has no sleeping cabin or bunkie provision, so the detached accessory dwelling unit rules (minimum 37 m²) are the only route for a detached habitable building. [1]
- Approvals
- No accessory building or structure shall be used for human habitation except where a dwelling is a permitted accessory use or the accessory building forms part of the main building (s.4.1.2) [1]
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. [7][5][2][11]
Official links
Last confirmed October 2026.
Notes and caveats
Sources
- General Zoning By-law 2000-57
- 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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