C h ro n o lo gical No. 937-1970-71-37 BAND COUNCIL RESOLUTION H.Q. Reference NOTE-: The words “ From our Band Funds** must appear in all resolutions requesting expenditures from Band Funds. FOR HEADQUARTERS USE ONLY COUNCIL OF THE MUSQUEAM BAND AGENCY FRASER DISTRICT PROVINCE BRITISH COLUMBIA PLACE VANCOUVER DATE 14 September in 10 70 DAY MONTH YEAR DO HEREBY RESOLVE: The Council o f the Musqueam Band o f Indians at a meeting held th is 1~3th_______________ day o f September__________ 1970, makes the following by-law pursuant to paragraphs (g) and (r ) o f Section 80 o f the Indian Act. By-law No. 2. : A by-law to divide Musqueam Indian Reserve No. 2 in the Province o f British Columbia into zones and to regulate the development and thé use o f the land, and the location and use o f buildings and structures; to conserve and stab ilize the value o f property; to provide adequate open spaces for light and a ir ; to protect and improve the Reserve as a place to l iv e ; to promote health, safety and the general welfare; to protect areas for economic, residentia l, and recreational development; and generally to promote the development o f the Reserve in the best interests o f the Band. 1. Application: This by-law shall be applicable to a l l areas o f the Musqueam Reserve No. 2 as shown on the map which is attached to and forms part o f th is by-law. 2. Definitions : In th is by-law, unless the context otherwise requires: "Dwelling Unit" shall mean a self-contained housekeeping unit which contains one or more rooms equipped to be used for sleeping and sittin g purposes, and fa c i l i t ie s for cooking. (Chief) (Councillor) (Councillor) (C ouncillor) (C ouncillor) (Councillor) (C ouncillor) (C ouncillor) (Councillor) (C ouncillor) (C ouncillor) \ (Councillor) (C ouncillor) FOR HEADQUARTERS USE ONLY 1. TRUST 2. CURRENT BALANCES 3. Expenditure 4. Authority 5. Source o f Funds ACCT A. Capital B. Revenue Indian Act Sec. 1 | Capital f 1 Revenue $ $ $ 6. Recommended 7. Approved • t -• i Date A ssistant Deputy Minister. Date Authorized O fficer IA 139(3*68 ) 7330-21*023*4662
» 1 -, 907- 1970- 71-37 M' ûeam Indian Band Band Council Resolution - 2 -"Single Family Dwelling Unit" shall mean a building consisting o f not more than one dwelling unit•. , "Multiple Family Dwelling Unit" shall mean a building divided into two or more dwelling units. "Site" shall mean an area o f land consisting o f one or more adjoining parcels or lo ts abutting on a street not being a lane. "Yard" shall mean any part o f a s ite unoccupied and unobstructed from the groundto the sky. "Front Yard" shall mean that portion o f the site between the front line o f the s ite and the front o f the building and extending across the fu l l width o f the s ite . "Rear Yard" shall mean that portion o f the s ite between the rear line o f the s ite and the rear o f the building, and extending across the fu l l width o f the s ite . "Side Yard" shall mean that portion o f the site extending from the front yard to the rear yard and lying between the side line o f the site and the side o f the building. 3. Zones: The whole o f the area shown on the map which is part o f th is by-law is hereby divided into zones with the following designations: Single Family Residential Multiple Family Residential Agricultural Recreational The boundaries o f such zones are as outlined on the map referred to above. 4. Permitted and Non-permitted Uses o f Land, Buildings and Structures: a. The use o f land, buildings, and structures shall be in accordance with the permitted uses specified in th is by-law, and no other uses except those specified shall be permitted. b. In a l l zones, the following uses o f land, buildings, and structures shall be permitted; 1. Necessary services and u t i l it ie s 2. A building, structure, or use customarily accessory to any permitted use. c. With the approval o f the Council o f the Band, the following uses may be permitted in any zone, subject to such conditions and regulations as the Council may decide: 1. single family dwelling 2. greenhouse *’ ' 3. parking area R. parks, playgrounds, sports fa c i l i t ie s , campsites and picnic grounds, schools,(including kindergarten, day-care school, day nursery) where such fa c i l i t ie s are provided for or operated by the Musqueam Band, a Govern ment or public agency, or by a non-profit or charitable organization.
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907-1970-71-37 'Musquéam Indian Band ïk i Council Resolution - 3 -5♦ Church 6. community hall or long house 7• business or conmercial undertaking 8. cemetery 5. Single Family Residential Zone: Permitted uses: a. single family dwelling units b. smoke houses, provided that such structures are located in a rear yard o f a s ite occupied by a dwelling„unit c. automobile wrecking and repairing, provided that such uses are o f a private or non-commercial nature, and are restricted to the rear yard o f a s ite occupied by a dwelling unit d. the storage o f mobile homes, portable structures or tra ile rs provided that : i . such units, or areas developed as allotted fortheir use, are not offered for sale, lease or rental; i i . such units not to be occupied or used on the Reserve as dwelling units; i i i . no such unit shall exceed three (300) hundred square feet in area measured externally; iv . no such unit shall be stored on a s ite not occupied by a dwelling unit; 6. Multiple Family Residential Zone: Permitted uses: a. multiple family dwelling units 7. Agricultural Zone: Permitted uses: a. truck garden, nursery, f ie ld crops, berry or bush crops, orchard, j pasture land, provided that there is no use or storage o f animal manure. 8. Recreational Zone: Permitted uses: a. parks, playgrounds, sports fa c i l i t ie s , campsites, and picnic grounds provided that such fa c i l i t ie s are provided for or operated by the Musqueam Band, a Government or public agency, or by a non-profit or charitable organization. 9. Non-conforming Uses: a. A building or structure lawfully under construction at the time o f the coming into force o f this by-law shall, for the purposes o f this by-law be deemed to be a building or structure existing at that time.' i b. A lawful use o f premises existing at the time o f the adoption o f th is zoning by-law, although such use does not conform to the provisions o f th is by-law, may be continued, but i f such non-conforming use is d is continued for a period o f sixty days, any future use o f those premises shall be in conformity with the provisions o f th is by-law.
9S7-1970-71-37 Mi lueam Indian Band Bc^d Council Resolution - U -9* c. No additionsor structural alterations except those required by statute or by-law, shall be made to a non-conforming structure without the approval o f the Council o f the Band. d. Where any building or structure the use o f which does not conform to the provisions o f this by-law is damaged or destroyed to the extent o f seventy- five per cent or more o f i t s value above it s foundations, as determined by the Building Inspector, whose decision shall be subject to review by the Council o f the Band, i t shall not be repaired or reconstructed, except for a conforming use in accordance with this by-law. e. A change o f tenants or occupants o f any premises or building or structure shall not be deemed to a ffect the use o f the premises or building or structure within the meaning o f Section 9 o f th is by-law. 10. Enforcement : a. The Building Inspector, who shall be appointed by the Council o f the Band to administer or enforce this by-law may be authorised by the Council to enter at a l l reasonable times upon any property to find out whether the provisions o f th is by-law are being, or have been obeyed. b. The Council o f the Band shall establish by by-laws, \'hen required, a Zoning Board o f Appeal to hear and determine appeals from persons with respect to matters arising under any section o f this by-law. The Board may, to the extent necessary to give e ffe ct to i t s determination, exempt. . 1 any appellant from the applicable provisions o f th is by-law. The Board shall consist o f two persons to be appointed by the Council o f the Band,' two to be appointed by the Fraser Indian D istrict Supervisor, and a Chairman, who shall be appointed by a majority o f the other appointees. c. Each member o f the Zoning Board o f Appeal shall hold o f f ic e for a term o f one year, or until his successor shall be appointed, but a person may be re-appointed for a further term or terms. 11. Relaxation of the By-maw: a. The Council o f the Band may relax the provisions o f th is by-law where, due | to conditions peculiar either to the site or to the proposed development, J l i t e r a l enforcement would result in unnecessary hardship., b. The Council o f the Band before granting any relaxation shall be satisfied that any locatee or lessee who is lik e ly to be adversely affected is n otified . I f any person so notified shall object then such relaxation shall not be granted but the applicant for such relaxation may then exercise his right o f appeal to the Zoning Board o f Appeal at which time representations regarding the relaxation shall be heard.:
C h ron ological No. 937-1970-71-37 BAND COUNCIL RESOLUTION H.Q. Reference NOTE: The words “ From our Band Funds” must appear in all resolutions requesting expenditures from Band Funds. FOR HEADQUARTERS USE ONLY COUNCIL OF THE Musqueam BAND AGENCY Fraser D istrict PROVINCE British Columbia PLACE Vancouver DATE .................... A D I Q DAY MONTH YEAR DO HEREBY RESOLVE: - 5 -12. V iolation: a. No person shall use or occupy any land, building or structure in violation o f the provisions o f this by-law. b. I t is unlawful for any person to prevent or obstruct or attempt to prevent or obstruct the authorized entry o f the Building Inspector. 13. Penalties: a. Any person who v iolates any o f the provisions o f th is by-law shall be guilty o f an offence and shall be liab le on summary conviction to a fine not exceeding one hundred dollars or imprisonment for a term not exceeding th irty days or both fine and imprisonment. b. Every person who commits an offence o f a continuing nature against th is by-law is liab le to the penalty or penalties authorized under paragraph 12(a) o f th is by-law for each day such an offence is continued. (C ouncillor) (C ouncillor) (Councillor) (Councillor) , FOR HEADQUARTERS USE ONLY 1. TRUST 2. CURRENT BALANCES 3. Expenditure 4. Authority 5. Source o f Funds ACCT A . Capital B. Revenue Indian Act Sec. ( I Capital | l Revenue $ $ $ 6. Recommended 7. Approved • % i Date A ssistant Deputy Minister» *Date Authorised O fficer IA 135 ( 3 *6 8 ) 7530*21* 023 • 4662
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.