1977-10 Creating a Zoning District for Watershed Uses1 .r
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KODIAK ISLAND BOROUGH
ORDINANCE NO. 77 -10 -0
AN ORDINANCE CREATING A ZONING
DISTRICT FOR WATERSHED USES.
BE IT ORDAINED by the Kodiak Island Borough Assembly
as follows:
SECTION 1. Title 17 of the Kodiak Island Borough
Code of Ordinances is amended by adding a new Chapter 28 to
read as follows:
CHAPTER 17.28
WATERSHED (W) ZONES
17.28.010 Uses Permitted.
17.28.020 Uses Prohibited.
17.28.030 Building Height Limit.
17.28.040 Lot Area.
17.28.010 Uses Permitted. Uses permitted are as
A. Water reservoirs and dams.
B. Water treatment plants.
C. Water pumping stations.
D. Water transmission lines.
E. Snow and water gauging stations.
F. High voltage transmissions lines.
G. Communication lines.
H. Other customary uses and buildings accessory
to the principal uses enumerated above, including but not
limited to electric distribution lines and access roads.
17.28.020 Uses Prohibited. The following uses are
prohibited:
A. Agriculture, residential, commercial, industrial
and other urban uses.
B. Any use or structure that is incompatible with
the preservation and protection of potable water reserves within
the district or which would have a potential for contaminating
or polluting the water reserves.
C. Any other use or structure not specifically
permitted by Section 10 above or as a special exception.
17.28.030 Building Height Limit. The building height
limit is as follows: No limit.
17.28.040 Lot Area. No minimum or maximum lot area
requirements exist within the watershed district unless
established in conjunction with the granting of a special
exception.
SECTION 2. Section 17.09.010 is hereby amended
by adding a subsection G to read as follows:
G. Watershed (W) Districts.
SECTION 3. Section 17.30.050 A is hereby amended
to read as follows:
A. Districts permitted: Any district except
district zoned watershed.
SECTION 4. Section 17.30.060 is hereby amended
to read as follows:
17.30.060 Additional Used Permitted.
A. The borough planning commission may, after
proper notice and public hearing, permit the following
exceptions in any district, except a district zoned for
watershed use, unless otherwise herein specified, where
such uses are deemed essential or desirable to the public
convenience or welfare, are in harmony with the various
elements or objectives of the comprehensive borough plan and
this title. In approving the uses referred to in this section,
the borough planning commission shall have the authority to
impose such conditions and safeguards as it deems necessary
to protect the best interests of the surrounding property or
neighborhood and the comprehensive borough plan and this
title:
Al. Airports;
A2. Animal hospital or boarding establishments and
veterinary practices;
A3. Cemeteries;
A4.. Concrete or cement products manufacture;
A5. Crematories if located within a cemetery
containing at least five acres;
A6. Establishments or enterprises involving large
assemblages of people or automobiles, including amusement parks,
circuses, fair grounds, open -air theaters, recreational centers
and hospitals and sanitariums; provided that all
A7. Gas manufacture and storage, p
manufacturing operations shall be subject to the approval of
the building official;
A8. Government enterprise (federal, state or local);
A9. Greenhouses or tree nurseries;
A10. Natural resources, development and extraction of,
together with necessary buildings, apparatus or appurtenances
incident thereto, including petroleum exploration and development;
All. Off- street parking area;
Al2. Private clubs;
A13. Public libraries and museums and art galleries not
operated for profit; public or nonprofit
A14. Public or private nurseries, p
elementary and high schools, and institutions for higher education
A15. Public utility or public service facilities;
A16. Radio or television transmitters;
A17. Tourists courts, auto courts, motor lodges or
trailer courts;
A18. Group housing developments: In the case of a
dwelling group consisting of two or more buildings, the
contemplated arrangements of which makes it impracticable
al
to apply the requirements of this title
the if of
building units in the group may be
such dwelling group comply with the following conditions:
Page 2, Ordinance No. 77 -10 -0
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a. that the proposed dwelling group will consti-
tute a residential environment of sustained desirabilitacter
and stability; that it will be in harmony with
of the surrounding neighborhood, that it will result in
intensity of land utilization no higher,
sandisstandards of opele
i the which the district in which the proposed at least as high, as permitted ro osed dwelling group is located,
b. that the tract of land on which the d e l
usand
group is to be erected comprises at least seventy
square feet,
c. that the buildings are to be used only for residen
tial purposes and the customary accessory uses, such as garages,
storage spaces and recreational and community activities,
d. that the average lot area per dwelling unit on
the site, exclusive of the area occupied by street, will not
group less than the lot area required for eachs wellingcunit it.
the district in which the dwelling g P
e. that there are provided, as part of the proposed
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development adequate recreation areas to serve the needs of
the anticipated population,
f. that off - street parking is provided on the basis
of one parking space for each dwelling unit within the
development,
g. that the development will not produce a volume
of traffic in excess of the capacity for which the access
streets are designed,
h. that property adjacent to the proposed dwelling
group will not be adversely affected,
i. that such dwelling group not be located in an
industrial district,
j. that the proposed group housing development
will be consistent with the intent and purpose of this title
to promise public health, safety and general welfare.
B. The borough planning commission may, after proper
notice and public hearing, permit the following exceptions
in a district zoned for watershed use, wherecsuch nisuses
se
we e eandnarare sseal i nr arharmony iryb with theeobjective of preserving and
welfr and e in m
protecting potable water reserves available for use in the
b orough. In approving the uses referred to in this section,
the borough planning commission shall have the authority to
impose such conditions and safeguards as it deems necessary
to protect those water resources.
1. Recreational uses not requiring permanent or
temporary structures for overnight habitation.
2. Communication facilities.
SECTION 5. Section 17.66.030 is hereby amended to
read as fo owl:
1717 86 03o Exceptions -
investigation.
A. The planning commission shall cause an investigatic
to be made by its own members, or by its authorized representa-
tive, to determine that such uses will not be injurious to public
health, safety or welfare or detrimental to other properties or
uses in the vicinity.
ns,.e 1. ordinance No. 77-10-0
0 9 n I 2 i 1 n
B. Requests for additional uses in districts zoned
for watershed uses shall be examined for their impact on ground
water supplies, stream pollution, surface water runoff, erosion
and any possible alteration of natural drainage patterns. The
commission may require the petitioner to submit engineering and
other technical studies that will show the impact of the proposed
development on the hydrology of the effected area within the
water district. To assist in the valuation of any potential
detrimental effect on water resources, the commission shall
solicit the technical advice of affected and knowledgeable
public agencies, including but not limited to the City of
Kodiak, the Coast Guard, the U.S. Soil Conservation Service,
the U.S. Geological Survey, the Corps of Engineers, the Public
Health Department, the Bureau of Land Management and the State
of Alaska, Division of Lands.
ATTEST:
Borough Cler
FIRST READING AND APPROVAL DATE: May 5, 1977
SECOND READING, PUBLIC HEARING AND PASSAGE DATE: June 2, 1977
Page 4, Ordinance No. 77 -10 -0
KODIAK ISLAND BOROUGH