SQUAMISH INDIAN BAND COUNCIL ZONING AMENDMENT BY-LAW NO. 1. 2014 A By-law to expand the marina zone to apply to certain Reserve Lands, clarify permitted uses within the marina zone, and to permit float homes to be located on the marina zone WHEREAS the Band Council of the Squamish Indian Band deems it to be in the best interests of the Squamish Nation to amend Squamish Indian Band Zoning By-law No. 6 1972 to expand the marina zone to apply to certain Reserve Lands, clarify permitted uses within the marina zone and to permit float homes to be located on the marina zone. NOW THEREFORE the Band Council of the Squamish Indian Band at a duly convened meeting of the Band Council assembled on the jkffday of December, 2014, hereby enacts, pursuant to section 81(1) of the Indian Act, R.S.C. 1985, Chapter 1-5, as a By-law the following: 1. Paragraph 14 of the Squamish Indian Band Zoning By-law No. 6, 1972, as amended to the date of this By-law, is replaced with the following: “14. Marina zone Interpretation 14.1 In this paragraph 14, unless the context otherwise requires: “boat shed” means any floating structure used or intended to be used for the shelter or accommodation of vessels, including live aboards, a portion of which may be used as an office; "building" means any structure used or intended to be used for the shelter, accommodation, assembly or storage of persons, animals, goods or chattels; "breakwater" means any floating or fixed structure used or intended to be used to reduce or dampen waves or swells created by wind, tides, marine traffic or other causes; “community use” means lands and buildings used by the administration and operations of the Squamish Nation including offices, works yards, and recreational facilities; “float home” means a floating structure which is designed and built to be used, or is modified to be used, as a stationary waterborne residential single family dwelling, which may include up to 15% of the area of the float home as office use; “light industrial use” means building, manufacturing, assembly and storage operations contained within an enclosed building; “live aboards” means vessels occupied as residential dwellings from more than 60 days per 1 00987371-4
year; "marina manager" means that person employed by the Squamish Indian Band or any entity owned and controlled by the Squamish Indian Band to manage the operations of the marina business carried on within the marina zone; "marina zone" means those areas within which this By-law has application as provided in subparagraph 14.2; "structure" means anything that is built, constructed, or erected the use of which or presence thereof requires location on the ground or attachment to something having a location on the ground or, in the case of floating structures, requires anchoring to the ocean floor or attachment to a structure so anchored, and shall include all types of boat, ships, and similarly named vessels; "use" means the purpose or function to which land, buildings, vessels, or structures are put; "vessel" means all types of boat, ships, and similarly named objects including barges, but excluding float homes, aircraft and aircraft, shelters; "wharf' means any floating or fixed structure used or intended to be used for the moorage of vessels, float homes or floating structures. Application 14.2 The provisions of this paragraph 14 shall apply to: (a) that portion of Mission Indian Reserve No. 1 shown in yellow crosshatching on the plan annexed to this By-law as Schedule "A"; and (b) that portion of Seymour Creek Indian Reserve No. 2 shown in yellow crosshatching on the plan annexed to this By-law as Schedule “B”. Non-Conforming Use 14.3 A use that was non-conforming or unlawful under paragraph 3 of this By-law shall continue to be non-conforming or unlawful, unless it complies in every respect with the provisions of this paragraph 14. 14.4 No building or structure shall be placed, constructed, reconstructed, altered, moved or extended so as to render such building or structure or any other building or structure non-conforming. Permitted Uses of Land, Building and Structures 14.5 The Use of land including the surface of water, of buildings, and of structures, within the marina zone shall be in accordance with the permitted uses specified in this paragraph 14. 14.6 The marina zone may only be used for the following purposes: 2 00987371-4
(a) operation of a marina, including: (i) moorage of vessels, float homes, floating structures, boat sheds and live-aboards to wharves; (ii) marine fuel sales; (iii) dry storage of vessels; and (iv) placing of breakwaters; (b) operation of marine-related businesses, including: (i) boat brokerages; (ii) boat building and repair facilities; and (iii) retail sale of light equipment and materials for the repair and maintenance of boats or marine related activities; (c) operation of restaurants and banquet facilities, including those located on structures or vessels; (d) community uses; (e) light industrial uses; and (f) parking of motor vehicles. Construction of Buildings 14.7 Except as provided in subparagraph 14.9, the placing, construction or reconstruction of buildings or structures within the marina zone is prohibited. 14.8 Except as provided in subparagraph 14.9, the moving or alteration of existing buildings or structures within the marina zone is prohibited. Marina Manager 14.9 To allow for the efficient day to day operations of a marina business, the movement of vessels and the movement, placing, construction and reconstruction of wharves, structures, float homes and boat sheds under the direction of the marina manager shall be deemed not to constitute a breach of this paragraph 14. Amendment 14.10 The lawful holder of an interest in land within the marina zone may make application for the amendment of this By-law in the manner provided in paragraph 6 of this By-law. 3
Penalty 14.11 Every person who violates or causes or allows to be violated any provisions of this paragraph 14 is guilty of an offence and shall be subject to the proceedings and penalties provided for in paragraph 7 of this By-law.” 2. If, and to the extent only that, there is any conflict between any provision of this By-law and any provision or provisions of Squamish Indian Band Zoning By-law No. 6, 1972, as amended to the date of this By-law, the provision or provisions of this By-law shall govern. 3. This By-law may be cited for all purposes as Squamish Indian Band Council Zoning Amendment By-law No. 1,2014. APPROVED AND PASSED at a duly convened meeting of the Band Council of the Squamish Band of Indians of December, 2014 SOTIAMISH NATION COUNCIL 320 SEYMOUR BLVD A QUORUM OF M EETING HELD AT: NORTH VANCOUVER. B. C. SQUAMISH N ATIO N COUNCIL CONSISTS OF DATED:. o o COUNCILLORS M O V E D BY: SECO NDED BY 4 00987371-4
Mission IR No. 1 Legend Marina Zone Zoning Amendment By Law No. 1, 2014 Mission IR 1 Boundary Orthophoto taken: 2 0 0 9 S N 6 IS & Research D epartm ent 41 5 W est Esplanade, North Vancouver BC D ate: N ovem ber 2 7 ,2014 Schedule A
Squamish Nation Seymour Creek Indian Reserve 2 Legend Marina Zone Zoning Amendment By Law No. 1,2014 □ Seymour Creek IR 2 Boundary Orthophoto taken: 2009 Squamish Nation G IS & Research Department 415 W est Esplanade, North Vancouver, BC Date: November 27 ,2014 ________
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