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APR-04-97 FRI 01:48 PM RATCLIFF & CO FAX NO. 604 988 1452 P. 03/07 SQUAMISH INDIAN BAND COUNCIL ZONING AMENDMENT BY-LAW NO. 1, 1997 A By-Law to Create Comprehensive Development Zone No. 3 on Portions of Seymour Creek Indian Reserve No.2 WHEREAS the Band Council of the Squamish Indian Band wishes to determine the use to which certain portions of the Seymour Creek Indian Reserve No.2 lands may be put, the businesses, trades and callings which may be carried out thereon and the manner in which construction or maintenance of buildings thereon may be carried out, and amendment to certain hereinafter referred to By-Laws is required in order to do so. NOW THEREFORE the Band Council of the Squamish Indian Band at a duly convened meeting of the Band Council assembled on the 25th day of February, 1997, 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. Squamish Indian Band Zoning By-Law No. 6 1972, as amended to January 1st, 1997 is hereby amended by adding sections 24, 25, 26 and 27 thereto which provide as follows: "24. The following lands are designated Comprehensive Development Zone No. 3: (a) effective as of and from the time that Squamish Indian Band Council Amendment Bylaw No. 1, 1997 becomes of force and effect, those lands better known and described as: "Reserve Lands" means those lands situate, lying and being in Seymour Creek Indian Reserve No. 2 in the Province of British Columbia coloured in cyan and identified as Head Lease (Reserve Lands) on the plan attached hereto as Schedule A, said parcels containing respectively, 1.43 hectares and 1.08 hectares more or less and being more particularly known and described as: The whole of lots 43 and 44 according to CLSR Plan 79470 (b) effective as of and from the time that the lands described respectively in subparagraphs (i)7(ii) an d ^ i) become part of Seymour Creek Indian Reserve No. 2 and separately in respect of the lands described in each separate subparagraph, those lands better known and described as: (i) "Road Lands" means those lands coloured brown and identified as Head Lease (Road Lands) on the plan attached as Schedule A, said parcel containing ,487 hectares, more or less, and being in the Province of British Columbia and more particularly known and described as: The whole of parcel 45 according to CLSR Plan 79470 DOC\95-02O8-167.DOC!1
APR-04-97 FRI 01:49 PM RATCLIFF & CO FAX NO. 604 988 1452 P. 04/07 - 2 -"Hydro Lands" means those lands in the Province of British Columbia coloured in yellow and identified as Head Lease (Hydro Lands) on the plan attached hereto as Schedule A, said parcel containing .476 hectares, more or less, and being in the Province of British Columbia and more particularly known and described as; PARCEL IDENTIFIER: Û08-77U78 LOT 8, SEYMOUR CREEK INDIAN RESERVE NO. 2, PLAN 12907 SUBJECT TO RESERVATIONS IN PROVINCIAL ORDER IN COUNCIL NO. 1036 APPROVED JULY 29, 1938 25. All uses of land, buildings and structures in Comprehensive Development Zone No. 3 are prohibited except use for one or more of the following: (a) the construction and operation of a wholesale or retail sales facility or facilities from or in which the wholesale or retail sale of food or general product is offered for sale or services are provided* (b) the construction or operation of a gas bar, (c) ground level or underground parking, (d) landscaping, (e) retail purposes (Including but not limited to operation of retail stores, bakery shops, auction rooms, supermarkets, ice and fuel dispensaries, lumberyards, greenhouses and nurseries, the sale of new and used cars and die sale, whether alone or as a part of any other business, of alcoholic beverages as permitted under a licence granted by the Province of British Columbia with the approval of the Squamish Indian Band Council), (f) entertainment and recreation purposes (including but not limited to the operation of bowling alleys, dance halls, skating and curling rinks, recreation clubs, theatres, auditoriums, concert halls, art galleries, drive-in theatres, and golf facilities), (g) banquet, meeting room and convention purposes, (h) transportation purposes (including but not limited to the operation of truck terminals, railways, freight handling, passenger and transit depots and service stations), (i) service purposes (including but not limited to the operation of lock, shoe, bicycle, electronic, appliance and golf repair shops, barbershops and beauty parlours, dance and music studios, trade, business, golf or driving schools, restaurants and cafes which may include outdoor customer service areas, billiard halls, printing establishments, launderettes, dry cleaners, coin operated dry cleaners, upholstery or tailor shops, parking lots and garages, clubs, fraternal lodges, radio and television stations, telephone exchanges and veterinary clinics and hospitals, but does not include the operation of service stations and carwashes and neighbourhood public houses), (j) warehousing purposes (including but not limited to storage, distribution and sale), (k) manufacturing purposes ("manufacturing” means the making, producing, processing, fabricating, assembling, repairing or salvaging of goods, materials, products, DOC\95-0203-167.DOC;1
APR-04-97 FRI 01:49 PM RATCLIFF & CO FAX NO. 604 988 1452 P. 05/07 - 3 substances, things or organisms, and the generating and transforming of electrical energy, but does not include mining), (l) public works yard puiposes, (m) dog pound purposes, and (n) uses necessarily incidental or ancillary to any of the foregoing purposes, buty notwithstanding paragraphs (a) through (n), use of any such land, buildings or structures for any one or more of the following purposes are specifically prohibited: (o) the manufacture of explosives as defined in the "Explosives Act", R.S. c. E-15, section 1 as at the date of adoption of this By-law, liquid chlorine, gasses (compressed, deeply refrigerated, liquified or dissolved under pressure), or radio active materials, (p) the manufacture of wood products when more than twenty-five persons are employed on the premises, and the operation of hammer mills, rolling mills, blast furnaces, foundries, drop forges, brick kilns, flour mills, (q) the distilling or brewing of alcoholic beverages, the incinerating or rendering of fish, animal or vegetable products, tanning, and the manufacturing of matches, paper or rubber, (r) the manufacturing, processing, refining, mixing, or bulk storing of petroleum, bitumen, coal or tar products, or derivatives, and corrosive, noxious, highly inflammable or explosive minerals, chemicals, gases and fission or fusion products, (s) the smelting, refining and reducing of minerals and metallic ores, (t) the operation of stock yards, the slaughtering of animals, or poultry, the manufacturing of fertilizer, and (u) the wrecking of motor vehicles. 26. No business, trade or calling shall be carried out in Comprehensive Development Zone No. 3 except a business, trade or calling that uses any land, buildings or structures within Comprehensive Development Zone No. 3 for any one or more purpose permitted under Section 25 but for no other purpose. 27. No building, construction, reconstruction, alteration, moving, extension or maintenance of any building or structure within Comprehensive Development Zone No. 3 shall be carried out except if carried out in conformity with the terms and conditions contained in: (a) any written lease or permit approved by the Squamish Indian Band Council and in effect with respect to the land upon which they are carried out, or DOC\95-020B-167.DOC:1
APR-04-97 FRI 01:50 PM RATCLIFF & CO FAX NO. 604 988 1452 P. - 4 -(b) au amendment to Squamish Indian Band Zoning By-law No. 6 1972, as amended to and including the date of adoption of this Amendment By-law." 2. If, and to the extent only that, there is any conflict between any provision or provisions of this Amendment By-Law and any provision or provisions of Squamish Indian Band By- Law No. 6 1972, as amended to February 21, 1997, the provision or provisions of this Amendment By-Law shall g o v e r n . 3 . This Amendment By-Law may be cited for all purposes as Squamish Indian Band Council Zoning Amendment By-Law No. 1, 1997. MOVED BY A /ï/ï /n J tJ à A t& ÀIL and SECONDED BY APPROVED AND PASSED at a duly convened meeting of the Band Council of the Squamish Band of Indians this 25th day of February, 1997. Za*. ^telâlsemkin/siya rh t'echuxdnm/siydrh sxwepflem/siydrh Chief Bill Williams Chief Joe Mathias Chief Philip Joe K'etxfrhtn SfsUliya nexwsa'wiaya Alroy Baker Donna Billy Linda George ché$ha7 kâkeltn Gwen Harry Gibby Jacob Byron Joseph xwech'tâal Tewanee Jofêph Randall Lewis xwepélkinm Frank Rivers DOC\9S-0203-167.DOC:1
APR-04-97 FRI 01:50 PM RATCLIFF & CO FAX NO, 604 988 1452 P. 07/07 - 5 I, CH IEF BILL W ILLIAM S, a Band Councillor and Chairman of the Band Council of the Squamish Band of Indians, do hereby certify that a true copy of the foregoing By-law was forwarded to the Minister of Indian Affairs and Northern Development pursuant to subsection 82(1 ) of the Indian Act this 25th day of February, 1997. BAND CO U N C ILLO R A N D CH A IR M A N Barrator 4 Solicitor RATCUFF & COMPANY <500 - 221 West Esplanade North Vancouver, 8.C. V7M3J3 (604) 988-5201 D0C\95-0208-167.DOC;1
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