Understanding Zoning in Richmond Hill and Markham: What You Can and Cannot Do With Your Property

Zoning determines what you can build, how big it can be, how close to the property line it can sit and what you can use the property for. Most homeowners never think about zoning until they want to build a deck, add a secondary suite, extend their driveway, convert a garage or renovate beyond what the bylaw allows. Then it becomes the single biggest obstacle between the plan in their head and the permit in their hand. This guide explains how zoning works in Richmond Hill and Markham, what the most common residential restrictions are, how to check your property's zoning before you buy or build, and what to do when your project does not fit the rules.

Table of Contents

• What Is Zoning and Why Does It Matter?
• Residential Zoning Categories in Richmond Hill and Markham
• The Rules That Affect Most Homeowners
• The Most Common Zoning Conflicts for Renovators
• Minor Variances: When Your Project Does Not Fit the Rules
• Bill 23 and Zoning: What Changed for Secondary Suites
• How to Check Your Property's Zoning Before You Buy or Build
• Frequently Asked Questions

What Is Zoning and Why Does It Matter?

Zoning is a set of municipal bylaws that regulate how land can be used and what can be built on it. Every property in Ontario is assigned a zoning category by the municipality. That category determines whether you can use the property for residential, commercial, industrial or mixed purposes and sets detailed rules about the size, height, placement and density of buildings on the lot.

For homeowners in Richmond Hill and Markham, zoning affects almost every renovation or construction project. Want to build a backyard deck? Zoning sets how close it can be to the property line. Want to add a second storey? Zoning sets the maximum height. Want to convert the garage into living space? Zoning may not permit it. Want to add a basement apartment? Bill 23 changed the zoning rules for secondary suites, but building code and setback requirements still apply.

The most expensive zoning mistake is starting a project without checking the bylaw. Contractors who say "we do this all the time" are not the ones who appear before the Committee of Adjustment when the city issues a stop-work order. Check your zoning before you design, before you hire and before you spend.

Residential Zoning Categories in Richmond Hill and Markham

Both cities use residential zone categories that range from low-density (single detached homes) to high-density (apartment buildings). The categories most relevant to homeowners are the low-density residential zones that govern detached, semi-detached and townhome properties.

In Richmond Hill, the primary residential zones are R1 through R5, each with different minimum lot sizes, frontages and permitted building types. R1 zones typically allow single detached homes on large lots (18 metres+ frontage). R4 and R5 zones permit semi-detached and townhome developments. The city also has site-specific zoning for many newer subdivisions with unique rules tailored to that development.

In Markham, the new Comprehensive Zoning By-law 2024-19 (approved by the Ontario Land Tribunal in September 2024) replaced many older, inconsistent bylaws with a unified framework. This is a significant change for Markham homeowners. Properties previously governed by older bylaws (some dating back decades) are now subject to updated rules. Not all properties are covered by the new bylaw yet (some are still under site-specific appeal). Contact Markham's planning department or use their online zoning search tool to confirm which bylaw applies to your property.

The Rules That Affect Most Homeowners

Setbacks

Setbacks define the minimum distance between your building (or structure) and the property line. There are four setback measurements: front yard, rear yard, interior side yard and exterior side yard (for corner lots). Typical residential setbacks in Richmond Hill and Markham range from 1.2 metres for interior side yards to 6 to 7.5 metres for rear yards and 4.5 to 6 metres for front yards. Exact numbers depend on your specific zone category.

Setbacks apply to the house, decks, additions, garages, sheds, pools and any other structure on the lot. A deck that encroaches into the required rear yard setback, a shed built too close to the side property line or an addition that extends beyond the permitted building envelope all require a minor variance to proceed legally.

Lot Coverage

Lot coverage is the maximum percentage of the lot that can be covered by buildings and structures. In most residential zones in Richmond Hill and Markham, lot coverage is capped at 30 to 40% of the total lot area. This includes the house footprint, garage, deck, shed and any other roofed or covered structure. A homeowner with a 5,000-square-foot lot in a zone with 35% maximum coverage can have up to 1,750 square feet of combined building footprint. Exceeding this requires a variance.

Building Height

Most residential zones in Richmond Hill and Markham limit building height to 9 to 11 metres (approximately 2 to 2.5 storeys). Height is typically measured from the average finished grade at the building's perimeter to the midpoint of the roof. For detached homes, this is rarely an issue unless you are building new or adding a storey. For accessory structures (garages, garden suites), the height limit is typically 4.5 to 4.6 metres.

Landscaped Open Space

Many residential zones require a minimum percentage of the lot to remain as soft landscaping (grass, garden, permeable surface). This prevents homeowners from paving the entire front yard for parking, for example. Typical requirements are 30 to 50% of the front yard must remain landscaped. This matters for homeowners who want to widen their driveway or add additional parking. Paving beyond the permitted area can trigger a zoning violation.

Permitted Uses

Residential zones specify what you can use the property for. A single-family residential zone permits a dwelling and associated residential uses. Running a commercial business from a residential property (beyond a small home office) may not be permitted. Home occupations are typically allowed with restrictions on signage, employees, traffic and the percentage of the home used for business. If you are considering running a significant business from your York Region home, check your zoning first.

The Most Common Zoning Conflicts for Renovators

Rear Deck or Patio Encroaching on Setback

This is the most frequent minor variance application in both cities. Homeowners build a deck that extends into the required rear yard setback (typically 6 to 7.5 metres from the rear property line). Most residential bylaws allow a limited encroachment (often 1.5 to 2 metres), but larger decks or decks elevated above grade require a variance. Cost to apply: $1,000 to $1,500 plus any professional drawings required.

Addition That Exceeds Lot Coverage or Side Yard Setback

Adding a mudroom, extending the kitchen or building a rear addition often pushes the building footprint beyond the permitted lot coverage or encroaches on the side yard setback. This is common in older Richmond Hill and Markham homes on smaller lots (30 to 36-foot frontages) where the original house was built close to the maximum envelope.

Driveway Widening Beyond Permitted Frontage

Many homeowners want a wider driveway to fit two or three vehicles side by side. Zoning bylaws restrict the percentage of the front yard that can be paved. Widening beyond the limit reduces the required landscaped open space and requires a variance. Some municipalities have outright prohibited front-yard parking beyond the driveway.

Garden Suite or Accessory Dwelling Unit

Bill 23 permits garden suites (detached backyard units) as of right on most residential lots. However, the zoning bylaw still regulates the size, height, setbacks and lot coverage of the garden suite. A 600-square-foot garden suite on a 35-foot lot may not physically fit within the setback and coverage requirements. Each project needs to be evaluated against the specific zoning provisions for the lot.

Converting a Garage to Living Space

Converting an attached or detached garage to a bedroom, home office or rental unit is a common desire, especially in York Region where housing costs drive the need for more usable space. But zoning bylaws typically require a minimum number of parking spaces per dwelling unit (usually 1 to 2 spaces). Eliminating the garage may create a parking deficiency that requires a variance. With Bill 23 removing additional parking requirements for secondary suites, this has become slightly easier, but existing parking requirements for the primary dwelling still apply.

Minor Variances: When Your Project Does Not Fit the Rules

When your renovation or construction project does not comply with the zoning bylaw, you have two options: redesign the project to fit the rules or apply for a minor variance from the Committee of Adjustment. A minor variance is an approval that allows you to deviate from one or more specific zoning provisions without changing the overall zoning of your property.

The Four Tests

The Committee of Adjustment evaluates every minor variance application against four legal tests established by the Ontario Planning Act. All four must be satisfied for approval. The variance must be minor in nature (the deviation from the bylaw is small and its impact is limited). The variance must be desirable for the appropriate development of the property (the project makes sense for the lot and the neighbourhood). The variance must maintain the general intent and purpose of the zoning bylaw (you are not fundamentally changing what the bylaw was designed to achieve). The variance must maintain the general intent and purpose of the Official Plan (the project aligns with the municipality's broader planning vision).

The Process

In Richmond Hill, the Committee of Adjustment meets on Thursday evenings at 225 East Beaver Creek Road. In Markham, applications are submitted to the Committee of Adjustment at 905-475-4721 or coa@markham.ca. The process typically takes 8 to 12 weeks from application to decision. You submit the application with detailed plans, a planning rationale and the filing fee ($1,000 to $1,500). The city notifies neighbours within 60 metres and they can submit comments or objections. You attend a public hearing to present your project. The Committee votes to approve (with or without conditions), defer or refuse.

Tips for a Successful Application

Talk to your neighbours before the hearing. Most objections come from neighbours who were surprised by the project. A 10-minute conversation showing them the plans and addressing their concerns (privacy, shadow, drainage) can prevent a formal objection that delays or kills your application. Provide professional drawings that clearly show what you are requesting and how it relates to the property lines. Include photos of the site and comparable projects in the neighbourhood. Keep the variance as small as possible. A request for a 0.3-metre side yard reduction is more likely to pass than a request for a 1.5-metre reduction. The smaller the ask, the easier it is for the Committee to find it "minor."

Bill 23 and Zoning: What Changed for Secondary Suites

Ontario's Bill 23 (More Homes Built Faster Act, 2022) made the most significant zoning change in a generation for residential properties. It removed the requirement for a zoning amendment to add secondary suites or additional residential units on most residential lots. Before Bill 23, adding a basement apartment or garden suite often required a rezoning application (months of process, public meetings, uncertain outcomes). Now, up to three residential units per lot are permitted as of right in most residential zones.

Bill 23 also removed the requirement for additional parking for secondary suites. Previously, zoning bylaws required one parking space per residential unit, meaning a basement apartment required an additional parking space on the property. That requirement has been eliminated for additional residential units (ARUs), though the original parking requirements for the primary dwelling still apply.

What Bill 23 did not change: setback requirements, lot coverage limits, building height restrictions and Ontario Building Code requirements for fire separation, egress, ceiling height and electrical in secondary suites. The zoning permission is as of right, but the physical constraints of your lot and your home still apply. A basement apartment must still meet building code. A garden suite must still fit within your lot's setback and coverage envelope. And you still need a building permit for any construction.

In Markham, the new Comprehensive Zoning By-law 2024-19 incorporates Bill 23 provisions and permits up to four residential units per lot, going beyond the provincial minimum. Contact Markham's planning department for the specific provisions that apply to your property.

How to Check Your Property's Zoning Before You Buy or Build

Richmond Hill: Contact the Planning and Building Services Department at 905-771-8800 or visit the city's website for zoning information. You can request a Zoning Certificate that confirms the zoning category, permitted uses and applicable provisions for your specific property. Cost: approximately $150 to $300. Timeline: 10 to 15 business days.

Markham: Use the online Zoning Search form on the City of Markham website to find the zoning category for any property. Contact the Building Department to obtain a Zoning Preliminary Review (ZPR) before submitting any application. This confirms which bylaw applies to your property (critical given the transition to the new Comprehensive Zoning By-law) and identifies what variances, if any, your project requires. Contact: 905-475-4721 or coa@markham.ca.

For buyers: Before purchasing a home with renovation or addition plans, have your agent or lawyer confirm the property's zoning category and the key provisions (setbacks, lot coverage, height, permitted uses). A property that looks perfect for a second-storey addition may be in a zone that does not permit the height you need. A lot you plan to build a garden suite on may not have the setback clearance. Knowing this before you close prevents expensive surprises.

For renovators: Before hiring a contractor or architect, get the zoning information for your property. Bring the zoning provisions to your designer and ask them to confirm that the project fits. If it does not, you have two choices: redesign to fit or budget the time and cost for a minor variance application (8 to 12 weeks, $1,000 to $1,500 in fees plus professional drawings).

Note: This guide is for general information purposes only. Zoning bylaws are complex and vary by property, zone category and municipality. The provisions described are general and may not apply to your specific lot. For definitive zoning information, contact your municipal planning department directly. For minor variance applications, consult a licensed planner or the Committee of Adjustment. Markham's Comprehensive Zoning By-law 2024-19 is subject to ongoing site-specific appeals. Always verify current provisions before proceeding with any project.