Wainfleet zoning for small homes
Township of Wainfleet, in the Region of Niagara. Population 6,887 (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 · Wainfleet’s term: “secondary suite (in an accessory building); garden suite (temporary)”
One secondary suite is permitted as of right on a lot with a single detached or semi-detached dwelling, either in the house or in an accessory building such as a detached garage, with size tied to the accessory building's floor area (s.4.20). A portable garden suite is a separate use permitted only in the agricultural and rural zones through a temporary use by-law. 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][3][4]
- Where allowed
- Any zone where single detached and semi-detached dwellings are permitted, including the A1, A2, A3, A4, RH and RLS zones (s.4.20, Tables 5 and 9) [5]
- Number allowed
- One secondary suite per single detached or semi-detached dwelling, in the dwelling or in an accessory building but not both (s.4.20(a)) [5]
- Maximum size
- In an accessory building: up to 40% of the accessory building's ground floor area if on the ground floor, or up to 100% of its ground floor area (excluding stairway) if entirely on the second storey; maximum 3 bedrooms (s.4.20(d),(f),(g)) [5]
- Maximum height
- Accessory buildings: 8 m in agricultural/rural zones; 6.5 m in RH and RLS zones, or 8 m where the secondary suite is on the second storey of the accessory building (Table 2) [5]
- Setbacks
- Accessory buildings: RH 15 m front/exterior side, 2 m interior side and rear; RLS 6 m front/exterior side, 1 m interior side and rear; agricultural/rural 12 m front/exterior side, 2 m interior side and rear; 1.5 m from main buildings outside commercial zones (s.4.21(e), Table 2) [5]
- Temporary garden suite
- Garden suites (portable, typically a mobile home) are permitted in A1, A2, A3 and A4 only through a temporary use by-law; initial term up to 10 years, extensions in 5-year increments to a maximum of 20 years; one per lot; development agreement required (Table 5 Q6, s.6.2.2.8) [5]
- Approvals
- Secondary suites are as of right with a building permit; septic adequacy must be shown before a permit is issued [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. [4][6][7]
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 · Wainfleet’s term: “single detached dwelling”
The residential (RH, RLS) and agricultural/rural zone tables set lot, yard, coverage and height rules for single detached dwellings but no minimum dwelling floor area. New lots generally need 1 ha (or 4,000 m² with a hydrogeological study).
- Minimum dwelling size
- None stated for single detached dwellings in the RH, RLS, A1-A4 zone tables (Tables 6 and 10) [5]
- Minimum lot size
- 1 ha, or 4,000 m² where a hydrogeological study shows sustainable private services (Tables 6 and 10, note 1); existing RLS lots under 4,000 m² as existing [5]
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. [4][8][9][10][11][12][13]
Tiny home on wheels or park model
Living full-time in a tiny home on wheels or a park model home.
Allowed with limits · Wainfleet’s term: “mobile home; trailer or motor home; garden suite”
A dwelling unit excludes trailers and mobile homes, and no structure may be used for human habitation other than a dwelling unit, a mobile home or a trailer used in accordance with the by-law (s.4.5). Mobile homes are provided for in the Mobile Home Park (MHP) zone, trailers are defined as not for use as a principal residence, and a mobile home can be used as a temporary garden suite in agricultural/rural zones through a temporary use by-law. [3][14]
- Where allowed
- Mobile home parks in the Mobile Home Park (MHP) zone (Table 29); seasonal trailer parks in the Resort Recreational Commercial (C3) zone (Table 13, s.8.2.2.3) [5]
- Minimum dwelling size
- 65 m² minimum floor area for a mobile home site in the MHP zone (Table 30) [5]
- Temporary garden suite
- Garden suite (commonly a mobile home) in A1-A4 by temporary use by-law under Planning Act s.39.1, up to 10 years initially, extendable to 20 years, with a garden suite agreement (Table 5 Q6, s.6.2.2.8); e.g. By-law 029-2025 permitted a temporary garden suite in a mobile home until July 2035 [5]
- Approvals
- Temporary use by-law (Council decision after pre-consultation and public meeting), then garden suite agreement and building permit [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. [13][8][4][10][9]
Bunkie or sleeping cabin
A small sleeping building with no kitchen, usually beside a cottage or house.
Not addressed
The by-law does not define or regulate bunkies or sleeping cabins on residential or rural lots. General rules apply: section 4.5 bars use of any structure for human habitation other than a dwelling unit, mobile home or trailer used in accordance with the by-law, and accessory buildings follow Table 2 coverage, setback and height limits.
- Maximum height
- Accessory buildings: 6.5 m in RH and RLS zones; 8 m in agricultural/rural zones (Table 2) [5]
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. [10][8][4][15]
Official links
- Township of Wainfleet website
- Zoning By-law 034-2014 (Consolidated June 2024, pending consolidated maps)
- Wainfleet’s guide to additional units
Last confirmed October 2026.
Notes and caveats
Sources
- Wainfleet’s guide to additional units
- Township of Wainfleet PDF (wainfleet.ca)
- Township of Wainfleet PDF (wainfleet.ca)
- Planning Act (Ontario e-Laws)
- Zoning By-law 034-2014 (Consolidated June 2024, pending consolidated maps)
- 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)
- Township of Wainfleet PDF (wainfleet.ca)
- Building Code updates (Government of Ontario)
Not legal advice
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