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1988-33 Restricting Permitted Land Uses in Areas Not Served by Public Sewer and Water Systems.KODIAK ISLAND BOROUGH ORDINANCE NO. 88 -33 -0 By: Mayor Selby Drafted by: Community Development Department Introduced: 11/03/88 Public Hearing: 12/01/88 Amended: 12/01/88 Adopted: 12/01/88 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY RESTRICTING PERMITTED LAND USES IN AREAS NOT SERVED BY PUBLIC SEWER AND WATER SYSTEMS WHEREAS, the residents of Womens Bay have expressed a great deal of concern about the impact of recent developments in the area on groundwater quality; and WHEREAS, the Alaska Department of Environmental Conservation which regulates wastewater disposal does not regulate land use; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed alternative options for resolving community concerns, and has recommended the option contained in this ordinance; and WHEREAS, this option regulates all permitted land uses based on their potential impact on the groundwater quality, rather than the observable and use; NOW, THEREFORE, BE IT ORDAINED by the Kodiak Island Borough Assembly that: Section 1. This ordinance is of a permanent and general nature and shall become a part of the Kodiak Island Borough Code. Section 2. Section 17.21.020 is amended to read: 17.21.020 Permitted uses. The following land uses and activities are permitted in the business district except no building permit will be issued for new building construction of multi - family dwellings or other uses where wastewater disposal exceeds 600 gallons per day per 90,000 sq. ft. in areas not served by public sewer and water. The rate of waste water disposal for permitted structures and uses shall be determined by the standards set forth in "Design Manual: On -Site Waste Water Treatment and Disposal Systems." United States Environmental Protection Agency (October 1980), unless the landowner clearly established otherwise. This exception shall remain in effect until 1 December 1990 or until public sewer and water systems are available, whichever occurs first. A. Accessory buildings; B. Assembly halls; C. Apartments; D. Art galleries; E. Automobile repair garages and dealerships; F. Banks; G. Building material suppliers; H. Dry - cleaning establishments; I. Eating and drinking establishments; J. Fraternal organizations and private clubs; K. Funeral parlors; L. Gasoline service stations; M. Government offices; N. Hotels; 0. Laundry establishments; P. Libraries; Ordinance No. 88 -33 -0 Page 1 of 2 Section 3. That this ordinance shall be in effect for two (2) years from the date of enactment or until public sewer and water systems are available, whichever occurs first. ATTEST: �Bo�iyl�h Cler Q. Machine shops; R. Marinas and boat moorage; S. Mini- warehouses; T. Motels; U. Museums; V. Offices; W. Outdoor storage; X. Printing shops; Y. Professional offices and clinics; Z. Public parks and open spaces; AA. Recreational related uses; BB. Retail stores and services; CC. Theaters; DD. Radio Stations. PASSED AND APPROVED THIS 1st DAY OF DECEMBER, 1988. KODIAK ISLAND BOROUGH gh Mayor Ordinance No. 88 -33 -0 Page 2 of 2