In this case, the property is zoned for a single family residential building. Accessory buildings and structures are permitted, only if they are buildings and structures accessory to a single family residential building. The structure or shed is the only building located on the property. It cannot, therefore, meet the definition of an accessory building and is not exempt from the building permit requirement. I take comfort in this conclusion from Sechelt District v. Cutlan, 2007 BCSC 1087 where Sigurdson J. (at para. 49) found in the context of an identically worded by-law that an accessory building is one which is customarily incidental to or contributes in a secondary way to the use of the main building.
Get a full legal research memo!
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.