1988-33 Restricting Permitted Land Uses in Areas Not Served by Public Sewer and Water Systems.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
KODIAK ISLAND BOROUGH
ORDINANCE NO. 88-33-0
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
land 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 40,000 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 t 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
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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.
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.
PASSED AND APPROVED THIS Ist DAY OF DECEMBER, 1988.
KODIAK ISLAND BOROUGH
o g ayor
-7-11!ding Officer
�AT�T+EST:
bor lerl
Ordinance No. 88-33-0
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