Whitby zoning for small homes

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 · Whitby’s term: “additional dwelling unit in an accessory structure”

One additional dwelling unit is permitted in a detached accessory structure on lots with a single detached, semi-detached, link or street townhouse dwelling, as part of a maximum of three additional units in the urban area. Outside the Official Plan urban area boundary only one additional unit is permitted per lot. [1][2][3]

Maximum size: 75.0 m² gross floor area [4]
Maximum height: 4.5 m (By-law 2585); 4.5 m in residential zones and 5.5 m in other zones (By-law 1784); 5.5 m (Oak Ridges Moraine By-law 5581-05) [4]
Setbacks: Minimum interior side yard 1.2 m, rear yard 1.2 m, exterior side yard 3.0 m [4]
Number allowed: Maximum one additional dwelling unit in an accessory structure; up to three additional units per lot in total (two in the house plus one detached); one per lot outside the urban area boundary [4]
Servicing: Must be serviced by municipal sanitary and water services; without municipal services, the Durham Region Health Department must confirm sufficient private servicing [4]
Parking: 1 space in addition to the requirements of the principal dwelling unit; none required within a Protected Major Transit Station Area [4]
Where allowed: Not permitted in Environmental Protection, Natural Heritage System or Hazard Land designations or conservation authority hazard lands; entrance needs a 1.2 m wide, 2.1 m high unobstructed path to a street or lane [4]

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. [5][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 with limits · Whitby’s term: “single detached dwelling”

The by-laws set minimum ground floor areas for single detached dwellings that are well above 37 m², varying by zone and number of storeys.

Minimum dwelling size: By-law 2585 (single detached dwelling): R1 zones 111 m² for 1 storey, 74 m² for 1½ storeys or more; R2 zones 79 m² / 56 m²; other zones 67 m² / 56 m² [4]
Minimum dwelling size: By-law 1784 Schedule A: R1 125 m² (1 storey), 100 m² (1½ storey), 75 m² (2 storey); R2 111/89/67 m²; R3 97/78/59 m²; Agricultural (A) residential other than farming 139/111/84 m² [1]
Minimum dwelling size: Oak Ridges Moraine By-law 5581-05, residential uses: 139 m² (1 storey), 111 m² (1.5 storey), 84 m² (2 storey) [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. [5][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.

Needs approval · Whitby’s term: “mobile home / recreational vehicle / garden suite”

No zone in the three by-laws lists mobile homes as a permitted use, and recreational vehicles are defined as short-term occupancy vehicles regulated only for parking and storage. Portable garden suites have been permitted on specific agricultural properties through site-specific temporary use by-laws. [4]

Temporary garden suite: "Garden Suite" defined in By-law 1784 as a one-unit detached residential structure with bathroom and kitchen, ancillary to an existing residential structure and designed to be portable [1]
Where allowed: "No trailer or portable buildings shall be used as an accessory structure in Residential Zones" [4]
Approvals: Site-specific temporary use by-laws have permitted portable garden suites, e.g. Exception A-6 (By-law 6561-11): garden suite not exceeding 93 m², expired December 12, 2024 [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. [13][8][5][10][9]

Bunkie or sleeping cabin

A small sleeping building with no kitchen, usually beside a cottage or house.

Not allowed · Whitby’s term: “accessory structure”

By-laws 2585 and 1784 define an accessory structure as not including a structure used for human habitation, and neither lists a sleeping cabin as a permitted use. A detached living space is only provided for as an additional dwelling unit. [1]

Where allowed: Accessory structure "does not include a structure used for human habitation" (By-law 2585 and By-law 1784 definitions) [4]

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][5][14]

Official links

Last confirmed October 2026.

Notes and caveats

Whitby has three zoning by-laws in force, all consolidated September 2025: 2585 (the 1784 map legend shows 2585 covering the southern urban area), 1784 (Brooklin and the rural/agricultural lands), and Oak Ridges Moraine By-law 5581-05 (north). Facts above come from all three. The ADU text is from amending by-laws 8141-24 (1784), 8142-24 (2585) and 8143-24 (5581-05). The Town's ADU page confirms those amendment numbers and says ADUs need registration under By-law 8156-25. The ORM by-law's accessory structure definition does not contain the human-habitation exclusion found in 2585 and 1784. By-law 1784 also permits an ADU within a legally existing garden suite that existed on or before November 25, 2024. A new comprehensive zoning by-law is still under review (Town page: adoption targeted 2025/27). The eScribe copies of the amending by-laws were not consulted (403 reported in inventory).

Sources

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Whitby zoning for small homes

Backyard suite

Ontario-wide rule

Tiny home on a foundation

Ontario-wide rule

Tiny home on wheels or park model

Ontario-wide rule

Bunkie or sleeping cabin

Ontario-wide rule

Official links

Sources

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