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Juneau City Zoning Code

CHAPTER 49

05 - ESTABLISHMENT

49.05.100 - Purpose and intent.

The several purposes of this title are:

(1)

To achieve the goals and objectives, and implement the policies, of the Juneau comprehensive plan, and coastal management program;

(2)

To ensure that future growth and development in the City and Borough is in accord with the values of its residents;

(3)

To identify and secure, for present and future residents, the beneficial impacts of growth while minimizing the negative impacts;

(4)

To ensure that future growth is of the appropriate type, design and location, and is served by a proper range of public services and facilities such as water, sewage, and electrical distribution systems, transportation, schools, parks and other public requirements, and in general to promote public health, safety and general welfare;

(5)

To provide adequate open space for light and air; and

(6)

To recognize the economic value of land and encourage its proper and beneficial use.

(Serial No. 87-49, § 2, 1987)

49.05.110 - Geographic scope.

This title applies to all private, state and municipally owned land in the City and Borough. To the extent allowed by law or administrative regulation, it also applies to federal lands in the City and Borough.

(Serial No. 87-49, § 2, 1987)

49.05.120 - Standards.

The standards established by this title are declared to be the minimum required in the interest of public health, safety and general welfare.

(Serial No. 87-49, § 2, 1987)

49.05.130 - Compliance.

No structure or land may be maintained, used or occupied, and no structure or part thereof may be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the requirements specified in this title.

(Serial No. 87-49, § 2, 1987)

49.05.140 - Rules of construction.

(a)

General interpretation.

(1)

All words, terms, and provisions in this title shall be interpreted in a manner consistent with the purpose and intent set out in CBJC 49.05.100.

(2)

The director has authority to determine the interpretation or usage of terms used in this title, subject to appeal pursuant to the provisions of chapter 49.20.

(b)

Word usage and grammatical rules. Unless the context clearly indicates otherwise, the rules of construction found in CBJC 01.15.020 apply.

(c)

Headings, captions, and illustrations. In cases where text conflicts with any heading, table, figure, or illustration, the text controls.

(d)

Conjunctions.

(1)

"And" means that all connected items, conditions, or provisions apply.

(2)

"Or" means that one or more of the connected items, conditions, or provisions apply.

(3)

"And/or" means that the connected items may apply singularly or in any combination.

(4)

"Either… or" means that the connected words or provisions apply singularly, but not in combination.

(e)

Lists and examples.

(1)

When terms such as "including," "for example," or "such as" are used, the examples provided are not exhaustive and do not limit other possible inclusions.

(2)

Unless otherwise specifically indicated, the word "including" always means "including but not limited to."

(3)

Unless otherwise specifically indicated, a list does not imply a priority or chronological order.

(f)

Measurement of time.

(1)

References to "days" shall be interpreted as calendar days unless stated otherwise.

(2)

Any computation of time shall exclude the first day and include the last day, unless the final day is a weekend or municipal holiday, in which case the period extends to the next business day.

(3)

When business days are referenced, they include weekdays (Monday through Friday) but exclude holidays observed by the city and borough.

(g)

Fractions.

(1)

Unless otherwise stated, a fraction of one-half or more will be rounded to the next highest whole number and a fraction less than one-half will be rounded to the next lowest number.

(2)

Unless otherwise stated, fraction calculations are to be truncated to two numbers past the decimal point and rounded. For example, 1.2345 would be rounded to 1.23 and 5.6789 would be rounded to 5.68.

(h)

References to other regulations or documents. References to other laws, regulations, or documents shall be construed as referring to the latest version, unless otherwise specifically indicated.

(i)

Delegation of authority. Any act required to be performed by a specific official may be delegated to an authorized designee.

(j)

Public officials and agencies. All references to public officials, bodies, and agencies shall refer to those of the city and borough unless otherwise specified.

(k)

Conflicting provisions. In case of conflict between the provisions of this title, the more specific provision shall prevail. If no specific provision exists, the more restrictive provision shall prevail. If two provisions are equally specific, the more restrictive provision shall prevail.

(Serial No. 2025-15am, § 2, 4-7-2025, eff. 5-6-2025)

Editor's note— Sec. 2 of Serial No. 2025-15am, adopted April 7, 2025, amended § 49.15.140 in its entirety to read as herein set out. Former § 49.15.140 pertained to interpretation, and derived from Serial No. 87-49, 1987.

49.05.160 - Fees.

Fees are established according to chapter 49.85.

(Serial No. 87-49, § 2, 1987)

49.05.170 - Docks and harbors board.

The planning commission shall notify and invite comment from the docks and harbors board prior to taking action with respect to any zoning of land within the harbors or that zoning of land adjacent to or upland from the harbors which can be expected to affect the operation of the harbors and shall notify and invite comment from the docks and harbors board prior to taking action with respect to any zoning of land within the harbors.

(Serial No. 95-05, § 2, 1995)

Cross reference— Planning commission, CBJ Code § 49.10.100 et seq.; zoning districts, CBJ Code ch. 49.25; docks and harbors board, CBJ Code § 85.02.010 et seq..

49.05.200 - Comprehensive plan.

(a)

The City and Borough Comprehensive Plan is designed to lessen congestion in the streets; secure safety from fire, panic, and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; and facilitate adequate and cost-effective provision for transportation, water, sewerage, schools, parks, and other public requirements.

(b)

The comprehensive plan adopted by the assembly by ordinance contains the policies that guide and direct public and private land use activities in the City and Borough. The implementation of such policies includes the adoption of ordinances in this title. Where there is a conflict between the comprehensive plan and any ordinance adopted under or pursuant to this title, such ordinance shall take precedence over the comprehensive plan.

(1)

Plan adopted. There is adopted as the comprehensive plan of the City and Borough of Juneau, that publication titled The Comprehensive Plan of the City and Borough of Juneau, Alaska, 2013 Update, including the following additions:

(A)

Reserved.

(B)

The City and Borough of Juneau's Historic and Cultural Preservation Plan, dated February 2020;

(C)

The Long Range Waterfront Plan for the City and Borough of Juneau, dated January 22, 2004, as amended including by Ordinance 2022-12;

(D)

The Last Chance Basin Land Management Plan, dated May 1978, updated November 1994;

(E)

Watershed Control Program - Salmon Creek Source, dated April 1992;

(F)

Watershed Control and Wellhead Protection Program - Gold Creek Source, dated November 1994;

(G)

Chapter 6 and Plate 1 of the West Douglas Conceptual Plan, dated May 1997;

(H)

Juneau Non-Motorized Transportation Plan, dated November 2009;

(I)

2010 Downtown Parking Management Plan;

(J)

Chapter 5 of the Willoughby District Land Use Plan, dated March 2012;

(K)

Municipal Drinking Water Supply Plan, dated June 5, 2012;

(L)

Wireless Telecommunication Master Plan, dated May 2014;

(M)

Juneau Economic Development Plan, dated January 28, 2015;

(N)

Auke Bay Area Plan, dated March 16, 2015;

(O)

Lemon Creek Area Plan, dated December 18, 2017; and

(P)

Blueprint Downtown Area Plan, dated January 6, 2025.

(2)

Changes, corrections, and interpretations. Reserved.

(c)

No rights created. The goals and policies set forth in the comprehensive plan are aspirational in nature, and are not intended to commit the City and Borough to a particular action, schedule, or methodology. Neither the comprehensive plan nor the technical appendix adopted under this section nor the amendment of either creates any right in any person to a zone change nor to any permit or other authority to make a particular use of land; neither do they constitute a regulation of land nor a reservation or dedication of privately owned land for public purpose.

(Serial No. 87-49, § 2, 1987; Serial No. 88-53, § 2, 1988; Serial No. 92-37, § 2, 1992; Serial No. 94-44, § 2, 1994; Serial No. 95-37am, § 2, 1996; Serial No. 97-13, § 2, 1997; Serial No. 2003-06, § 2, 2-10-2003; Serial No. 2004-40, § 2, 10-25-2004; Serial No. 2007-07, § 2, 2-12-2007, eff. 3-15-2007; Serial No. 2008-19, § 2, 6-23-2008; Serial No. 2008-30, § 2, 10-20-2008; Serial No. 2009-15, § 2, 11-2-2009; Serial No. 2010-21, § 3, 7-19-2010; Serial No. 2012-14, § 2, 4-2-2012; Serial No. 2013-26(am), § 2, 11-4-2013, eff. 12-5-2013; Serial No. 2014-32(e)am, § 5, 9-29-2014, eff. 10-29-2014; Serial No. 2015-10, § 2, 2-23-2015, eff. 3-26-2015; Serial No. 2015-13, § 2, 3-16-2015, eff. 4-16-2015; Serial No. 2017-34, § 2, 1-8-2018, eff. 2-8-2018; Serial No. 2020-07, § 2, 3-16-2020, eff. 4-16-2020; Serial No. 2021-13, § 2, 9-13-2021, eff. 10-14-2021; Serial No. 2022-12(am), § 2, 3-14-2022, eff. 4-13-2022; Serial No. 2024-49, § 2, 1-6-2025, eff. 2-5-2025)