A.

Authority. This chapter is adopted under the authority granted by Sections 62.23(7) and 703.27(1), Wisconsin Statutes, and amendments thereto.

B.

Title. This title shall be known as, referred to, and cited as the "Zoning Ordinance, City of Juneau, Wisconsin."

C.

Purpose. The purpose of this title is to promote the health, safety, morals, prosperity, aesthetics, and general welfare of the city of Juneau, Wisconsin.

(Prior code § 10-4-1)

It is the intent of this title to regulate and restrict the use of all structures, lands and waters and to:

A.

Regulate lot coverage and the size and location of all structures to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage;

B.

Regulate population density and distribution to avoid sprawl or undue concentration or overcrowding and to facilitate the provision of adequate public services and utilities;

C.

Regulate parking, loading and access to lessen congestion and promote the safety and efficiency of streets and highways;

D.

Secure safety from fire, panic, flooding, pollution, contamination, and other dangers;

E.

Stabilize and protect property values;

F.

Preserve and protect the natural and man-made aesthetic characteristics of the city;

G.

Prevent and control erosion, sedimentation, and other pollution of the surface and subsurface waters;

H.

Maintain safe and healthful water conditions;

I.

Prevent flood-caused damage to persons and property and minimize expenditures for flood relief and flood control projects;

J.

Protect the traffic-carrying capacity of existing and proposed arterial streets and highways;

K.

Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public facilities and utilities;

L.

Promote the health and general welfare of the city;

M.

Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the city;

N.

Provide and protect a variety of suitable commercial and industrial sites;

O.

Provide for the administration and enforcement of this title; and

P.

Provide penalties for the violation of this title.

(Prior code § 10-4-2)

The adoption of this title, however, shall not prevent any pending or future prosecution of, or action to abate, any existing violation of any prior zoning ordinance, as amended, if the violation is also a violation of the provisions of this title.

(Prior code § 10-4-3)

It is not intended by this title to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this title imposes greater restrictions, the provisions of this title shall govern.

(Prior code § 10-4-4)

In their interpretation and application, the provisions of this title shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be construed a limitation or repeal of any other power granted by the Wisconsin Statutes.

(Prior code § 10-4-5)

A variance for any and all requirements relating to area regulations (per Section 17.04.140), landscaping regulations (per Chapter 17.14), or parking regulations (per Chapter 17.12) is hereby automatically granted to all developments in their configuration existing or as finally approved as of the effective date of the title or an amendment to it. However, after the effective date of this title or an amendment to it such development shall not be permitted to enlarge, expand, or extend without bring the enlargement, expansions, or extension into compliance with the provisions of this title, unless a variance is granted by the zoning board under Section 17.04.220.

The "blanket variance" provision of this section is intended to prevent the creation of certain nonconforming developments subject to the requirements of this title. This section ensures that developments approved prior to the adoption of this title or an amendment to it do not encounter difficulty in transferring ownership because they would otherwise be considered nonconforming.

(Ord. No. 183-2009, § 9, 4-13-2010)

For the purpose of this title, certain words or phrases shall have meanings that either vary somewhat from their customary dictionary meanings or are intended to be interpreted to have a specific meaning. Words used in the present tense include the future. The word "person" includes a firm, association, partnership, trust, company or corporation as well as an individual. The word "shall" is mandatory, the word "should" is advisory, and the word "may" is permissive. Any words not defined in this section shall be presumed to have their customary dictionary definitions.

For definitions of specific land uses, see Section 17.09.050 of this title.

For additional definitions applicable to the shoreland-wetland overlay district, see Section 17.08.1180 of this chapter.

"Accessory use or structure" means a use or structure customarily incidental to another use or structure and on the same lot as the principal use or structure.

"Alley" means a public right-of-way less than fifty (50) feet wide which is intended to provide only secondary access to abutting properties.

"Animal unit" is a measure used for the purpose of defining a husbandry or intensive agricultural land use. The animal unit measure relates to the carrying capacity of one acre of land and is related to the amount of feed various species consume, and the amount of waste they produce. The following table indicates the number of common farm species which comprise a single animal unit:

"Arterial street." See "Street, arterial."

"Average lot grade" means the average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.

"Basement means" that portion of any structure located partly below the average lot grade.

"Blanket variance" means a variance that is automatically granted by a provision of this title in order to reduce the creation of legal nonconforming developments (see Section 17.04.051).

"Bufferyard" means any permitted combination of distance, vegetation, fencing, and berming that results in a reduction of visual and other interaction with an adjoining property. See Chapter 17.14.

"Building" means any structure, either temporary or permanent, having a roof or other covering and designed or used for the shelter or enclosure of any person, animal, equipment, machinery, materials or property of any kind. Where independent units with separate entrances are divided by shared walls, each unit is a building.

"Building, accessory" means a building that meets that following criteria:

(1)

Is subordinate to and serves a principal structure or principal use;

(2)

Is subordinate in area, extent, and purpose to the principal structure or use being served;

(3)

Is located on the same lot as the principal structure or use being served, except as otherwise expressly authorized by provisions of this title; and

(4)

Is customarily incidental to the principal structure or use. Any portion of a principal building devoted to or intended to be devoted to an accessory use in [is] not an accessory building.

"Building coverage" means the percentage of a lot covered by principal and accessory buildings, including all structures with a roof.

"Building envelope" means a component of a group or large development that conforms to the lot lines of developments that are not group or large developments. Required minimum setback distances are measured from the building envelope line (refer to Section 17.09.060).

"Building, principal" means a building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

"Building separation" means the narrowest distance between two buildings.

"Building size" means the total gross floor area of a building (also see maximum building size).

"Bulk (of a building)" means the combination of building height, size, and location on a lot.

"Caliper" means a measurement of the size of a tree equal to the diameter of its trunk measurement one-half foot above natural grade. Used for trees in a nursery setting.

"Cellar" means that portion of the building having more than one-half of the floor-to-ceiling height below the average grade of the adjoining ground.

"Character" means the impression that an area makes in regard to the type, intensity, density, quality, appearance, and age of development.

"City-owned paved area" means any area of ground paved with concrete, cement, asphalt or surfaced with gravel or similar substances, including but not limited to parking lots, tennis courts, and other miscellaneous paved areas, but not including streets, alleys or other public rights-of-way.

"Commercial vehicle" means any motor vehicle used for business or institutional purposes or having painted thereon or affixed thereto a sign identifying a business or institution or a principal product or service of a business or institution. Agricultural equipment used as part of a permitted agricultural principal use shall not be considered a commercial vehicle.

"Conditional uses" means a land use that requires a conditional use permit to develop. See Sections 17.04.210, 17.04.230, and 17.04.240.

"Corner lot" means a lot abutting two or more streets at their intersection where the interior angle formed by the street intersection is less than one hundred thirty-five (135) degrees.

"Deck" means a structure that has no roof or walls and can be attached to or detached from the principal structure. If attached, a deck is required to have main supports and continuous footings below grade by forty-eight (48) inches and must be raised above grade and must comply with the principal setback requirements, as modified by Section 17.04.110(B). If detached, a deck shall be considered an accessory structure.

"Density" means the number of dwelling units per acre.

"Development" means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement or any buildings; any use or change in use of any buildings or land; any extension of any use of land; or any clearing, grading, or other movement of land for which permission may be required pursuant to this chapter.

"Development pad" means the area of land where site disruption will occur, including building areas, paved areas, yard and septic system areas, and other areas of non-native vegetation.

"District" means a part or parts of the city for which the regulations of this title are uniform.

"Drainage" means the removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development, and the means necessary for water supply preservation or prevention or alleviation of flooding.

"Drip line" means the outer perimeter edge of a tree canopy as transferred perpendicularly to ground level.

"Dwelling" means a building, or one ore more portions thereof, containing one or more dwelling units, but not including habitations provided in nonresidential uses such as lodging uses and commercial campgrounds.

"Dwelling, attached" means a dwelling joined to another dwelling at one or more sides by a shared wall or walls.

"Dwelling, detached" means a dwelling entirely surrounded by open space on the same lot.

"Dwelling unit" means a room or group of rooms, providing or intended to provide permanent living quarters for not more than one family.

"Easement" means written authorization, recorded in the register of deeds office, from a landowner authorizing another party to use any designated part of the land owner's property for a specified purpose.

"Erosion" means the detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.

"Essential services" means services provided by public and private utilities, necessary for the exercise of a principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, storm-water drainage and communication systems. Accessories, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings, are also included.

"Family" means an individual or two or more persons, each related by blood, marriage, or adoption and living together as a single housekeeping unit, or a group of not more than four persons not so related, maintaining a common household in which bathrooms, kitchen facilities, and living quarters are shared.

"Fence" means a barrier made of wood, iron, stone, or other materials, or a hedge.

"Fence, solid" means any fence that cannot be seen through. Such fences include basketweave fences, stockade fences, plank fences, and similar fences.

"Floor area" means the total area on all floors as measured to the outside surfaces of exterior walls, excluding basements, garages, crawl spaces, attics without floors, carports, breezeways, open porches, balconies and terraces.

"Floor area ratio" means the ratio calculated by dividing the total floor area of all buildings on a site by the gross site area.

"Footcandle" means a unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.

"Front yard" means a yard extending along the fill width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located.

"Garage, residential" means a detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers, or one truck of a rated capacity not in excess of ten thousand (10,000) pounds.

"Gross density" means the number that results from dividing the number of dwelling units located on a site by the gross site area.

"Gross floor area" means the total floor area on all levels of a building.

"Gross site area" means the total area of a site available for inclusion.

"Group home" means a household unit of more than five unrelated persons living in a single dwelling unit under the supervision of a responsible adult or married couple for the purpose of adapting or acquainting such persons with normal social environments. Examples of group homes are those housing autistic or retarded persons, sightless or deaf persons, reformed or reforming alcoholics or drug addicts, or other similarly disadvantaged persons. Such households may also be referred to as halfway houses.

"Height" means the vertical distance from the highest point of a structure, excepting any chimney or antenna on a building, to the average lot grade where the walls or other structural elements intersect the ground.

"Home occupation" means any occupation for gain or support conducted entirely within a residential structure by its occupant. The use is incidental to the principal use of the premises, does not exceed twenty (20) percent of the area of one floor, employees not more than one nonresident employee, uses only household equipment, and does not keep or sell stock in trade except that made on the premises. A "home occupation" includes uses such as baby-sitting for three or fewer children, millinery, dressmaking, canning, laundering, music teaching to not more than two pupils at one time, and crafts, but does not include the display of any goods visible from the street nor such use as barber or beauty shops, dance schools, real estate brokerage or photographic studios.

"Hotel" means a structure designed, used or offered for residential occupancy for any period less than one month, including tourist homes and motels but not including hospitals or nursing homes.

"Impervious surface" means areas designed and installed to prohibit infiltration of stormwater. Homes, buildings, and other structures, as well as concrete, brick, asphalt, and similar paved surfaces are considered impervious. Gravel areas and areas with "landscaped pavers" that are intended for vehicular traffic are considered to be impervious.

"Intensity" means the amount of gross floor area, or landscaped area, on a lot or site compared to the gross area of the lot or site.

"Kennel" means any establishment wherein or whereon three or more dogs and/or cats are kept.

"Landscaped area" means the area of a site that is planted and continually maintained in vegetation, including grasses, flowers, herbs, garden plants, native or introduced groundcovers, shrubs, bushes, and trees. Landscaped area includes the area located within planted and continually maintained landscape planters.

"Land use" means the type of development and/or activity occurring on a piece of property.

"Loading area" means an off-street space, on the same lot with the building or group of buildings it serves, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

"Lot" means a parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area, and other open space provisions of this title.

"Lot area" means the total area within the lot lines of the lot or parcel.

"Lot depth" means the average distance between the front lot line and the rear lot line of a lot.

"Lot frontage" means lot width measured at the street lot line. When a lot has more than one street lot line, lot width shall be measured and the minimum lot width required by this title shall be provided at each such line.

"Lot line" means a line marking a boundary or a lot.

"Lot line, front" means a lot line that abuts a public or private street right-of-way. In the case of a lot that has two or more street frontages, the lot line along the street from which the house is addressed shall be the front lot line.

"Lot line, rear" in the case of rectangular or most trapezoidal shaped lots, that lot line that is parallel to and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore shaped lot, a line twenty (20) feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front lot line shall be considered to be the rear lot line. In the case of lots that have frontage on more than one road or street, the rear lot line shall be selected by the property owner.

"Lot line, side" means any boundary of a lot that is not a front lot line, a street side lot line, or a rear lot line.

"Lot line, street side" means any lot line that abuts a public or private street right-of-way and that is not the front lot line.

"Lot width" means the maximum horizontal distance between the side lot lines of a lot, measured parallel to the front lot lines and at the rear of the required front yard.

"Master plan" means a plan, map, report, or other document pertaining to the physical development of the city that has been adopted by the city per sections 62.23(2) and (3) and/or 66.1001, Wisconsin Statutes.

"Maximum building size" means the largest permitted total gross floor area a building may contain.

"Maximum floor area ratio" means the largest amount of floor area permitted on a lot.

"Minimum landscape coverage" means the percentage of the gross site area or lot area which is preserved as permanently protected landscaped area.

"Maximum gross density" means the maximum number of dwelling units permitted per acre of gross site area.

"Minimum lot area" means the minimum size lot permitted within the specified zoning district and development option.

"Minimum lot width" means the smallest permissible lot width for the applicable dwelling unit type or nonresidential development option.

"Minimum setback" means the narrowest distance permitted from a street, side, or rear property line to a structure.

"Minimum site area" means the minimum gross site area in which the specified development option may occur.

"Multiple-family dwelling" means a residential structure designed for or occupied by three or more families. The number of families in residence shall not exceed the number of dwelling units provided.

"Nonconforming building or structure" means any building, or other structure, that was lawfully existing under ordinances or regulations preceding this title, but which would not conform to this title if the building or structure were to be erected under the provisions of this title.

"Nonconforming development" means a lawful development approved under ordinances or regulations preceding the effective date of this title, but which would not conform to this title if the development were to be created under the current provisions of this title.

"Nonconforming lot" means a lot of record that lawfully existed prior to the effective date of this title that would not conform to the applicable regulations if the lot were to be created under the current provisions of this title.

"Nonconforming use" means an active and actual use of land, buildings, or structures that was lawfully existing prior to the effective date of this title, which has continued as the same use to the present, and which does not comply with all the applicable regulations of this title.

"Nursing home" means a structure designed or used for residential occupancy and providing limited on-premises medical or nursing care for occupants, but not including a hospital or mental health center.

"Opacity" means the degree to which vision is blocked by a bufferyard. Opacity is the proportion of a bufferyard's vertical plane that obstructs views into an adjoining property.

"Overlay zoning district" means a zoning district that imposes uniform restrictions on all properties within its area that are in addition to the restrictions specific to the standard zoning districts described in Chapter 17.08, as well as the other general restrictions of this title.

"Parcel" means the area within the boundary lines of a lot.

"Parties in interest" means and includes all abutting property owners, all property owners within one hundred (100) feet, and all property owners of opposite frontage.

"Performance standard" means a criterion established to control and limit the impacts generated by, or inherent in, used of land or buildings.

"Permanently protected greenspace" means an area in which site disruption and/or development is strictly limited.

"Principal use" means any and all of the primary uses of a property, treated as a use permitted by right or as a conditional use (rather than as an accessory use or a temporary use).

"Rear yard" means the yard extending across the full width of the lot whose depth is measured from the rear lot line to the nearest point of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot.

"Residential occupancy" means those activities customarily conducted in living quarters in an urban setting. The following types of activities are excluded: Keeping of livestock or fowl, or activities which result in noise which constitutes a nuisance in a residential area or which involve the storage, visible from off the lot, of motor vehicle parts, machinery, or parts, junk or scrap materials. The keeping on any lot of any combination of more than two dogs and/or cats per family is also excluded. This shall not be construed to prevent the keeping of the litter of a household pet until able to be separated from their mother (also see Section 6.04.190).

"Scale (of development)" means the gross floor area, height, or volume of a single structure or group of structures.

"Setback" means the required distance between a structure and any lot line for the lot on which it is located.

"Shade tree" means a tree that would occupy the uppermost canopy or a forest in a natural ecological situation. These trees are also sometimes referred to as climax trees. Examples include hickory, oak, maple, etc. See Chapter 17.14.

"Shrub" means a low-lying deciduous or evergreen plant.

"Side yard" means one whose depth is measured from the side lot line to the nearest point of the principal structure.

"Signs" means any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trade marks by which anything is made known, which are used to advertise or promote any individual, firm, association, corporation, profession, business, commodity or product, and which are visible from any public street or highway.

"Silviculture" means all commercial logging operations primarily oriented to the outdoor planting, thinning and harvesting of timber, pulp woods, and other forestry products for commercial purposes. This includes trees that are raised as a crop to be replaced with more trees after harvesting, such as tree nurseries or Christmas tree operations.

"Story" means that part of a building included between the surface of one floor and the surface of the next floor, or, if there is no floor above, the ceiling next above. A floor having one-half or more of its height below the average grade of the lot shall not be deemed a story.

"Street" means a public right-of-way not less than fifty (50) feet wide providing primary access to abutting properties.

"Street, arterial" means a street that is anticipated to carry in excess of three thousand five hundred (3,500) vehicles per day in traffic volume, at desirable speeds ranging from thirty (30) to forty-five (45) miles per hour, and that is used for travel between areas within and outside the city.

"Street, collector" means a street that is anticipated to carry between two thousand five hundred (2,500) to five thousand (5,000) vehicles per day in traffic volume, at desirable speeds ranging from twenty-five (25) to thirty-five (35) miles per hour, which serves a collecting function by distributing traffic between local streets and arterial streets.

"Street, local" means a street that is anticipated to carry less than two thousand five hundred (2,500) vehicles per day in traffic volume at desirable speeds up to twenty five (25) miles per hour, and that provides access to abutting property and primarily serves local traffic.

"Street yard." A "street yard" extends across the full width of the lot, the depth of which is measured from the existing or proposed street or highway right-of-way line to the nearest point of the principal structure. Corner lots shall have two such yards.

"Structural alterations" means any changes in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.

"Structure" means any erection or construction such as buildings, towers, masts, poles, fences, booms, signs, decorations, carports, machinery and equipment.

"Temporary use" means a land use that is present on a property for a limited and specified period of time.

"Unnecessary hardship" means the circumstance where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.

"Utilities" means and includes public and private utility uses such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, booster stations, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, but not including sewerage treatment plants, or municipal incinerators, warehouses, shops and storage yards.

"Variance." For purposes of Title 17 a "variance" is the authorization to depart from the literal requirements of Title 17.

"Yard" means a required open space which is unoccupied and unobstructed from the ground upward, except for vegetation, and is on the same lot or parcel with a structure. The street and rear yards extend the full width of the lot.

(Ord. 145-2007 § 4; Ord. 125-2006 (part); Ord. 125-2005 (part); Ord. 89-2004; prior code § 10-4-7)

(Ord. No. 170-2009, § 3, 10-22-2009; Ord. No. 178-2009, § 4, 4-13-2010; Ord. No. 183-2009, § 3, 4-13-2010; Ord. No. 193-2010, § 1, 4-21-2011)

Editor's note— Ord. No. 183-2009, § 3, adopted April 13, 2010, contained a scrivener's error that set out provisions intended for use as § 17.04.180. At the editor's discretion, these provisions have been included as § 17.04.060.

The jurisdiction of this title shall include all lands and waters within the corporate limits of the city of Juneau, Wisconsin.

(Prior code § 10-4-8)

A.

No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The city plan commission, in applying the provisions of this section, shall specify in writing the particular facts upon which it bases its conclusion that the land is not suitable for certain such unsuitability if he so desires. Thereafter, the city plan commission may affirm, modify or withdraw its determination of unsuitability.

B.

All lots shall abut upon a public street, and each lot shall have a minimum frontage of forty (40) feet. Primary vehicular access to each lot shall be via a public street only, not via a city-owned paved area. Premises with frontage on a public street may also have vehicular access via an alley for parking of vehicles by tenants, owners, and customers.

C.

All principal structures shall be located on a lot and only one principal structure shall be located, erected, or moved onto a lot.

D.

No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width if the lot is on that side of the roadway from which the required dedication has not been secured.

(Ord. 125-2006 (part); prior code § 10-4-9)

(Ord. No. 170-2009, § 4, 10-22-2009; Ord. No. 183-2009, § 4, 4-13-2010)

A.

Purpose. The purpose of this policy is to provide a uniform development pattern within neighborhoods and to promote the public safety and welfare of the future residents of the development or of the community. This policy shall only apply to residentially zoned areas within the city of Juneau. All other zoning districts, including commercial and industrial are usually too complex for any attempt to provide a uniform policy covering all instances of proposed development.

B.

Applicability. This policy shall be applicable to all new residential house construction within the city of Juneau after adoption of the ordinance codified in this chapter.

C.

Enforcement. This policy shall be enforced by the building inspector thru the direction of the plan commission. It is understood that under certain circumstances it may be required to vary from this policy in order to match the existing topography or ground contour. In these cases a variance to the policy may be issued. Any variance to this policy can be requested by a developer, home builder, and/or lot owner and made by the plan commission, with the plan commission taking formal action and the same being recorded in the minutes of the plan commission. If clarification of this policy is needed, it can be obtained by submitting a written request to the plan commission. The plan commission will attempt to act upon the written request at the next regularly scheduled meeting and make permanent record of such clarification by recording the same in the minutes of the meeting.

D.

General Restrictions. The general restrictions stated in this chapter shall apply to all residential zoning districts. It is recognized in this title that the first floor elevation of any proposed house may be somewhat variable based upon the individual floor plan, but in no case shall it be more than twenty-four (24) inches above the attached garage floor elevation without prior written approval of the building inspector. This applies to an attached structure only. When front lot line is mentioned in this title it shall also mean the street right-of-way line.

E.

The R-1 Zoning District. The garage floor elevation shown in this chapter is based upon the current front yard setback of this zoning district as thirty (30) feet from the front lot line. Therefor, the "normal" situation is to have the front of the garage at approximately thirty (30) plus feet from the front lot line. If this distance is proposed to be more than fifty (50) feet back from the front lot line, then these guidelines do not apply, and more specific information should be obtained from the building inspector and/or city engineer.

Minimum Elevation = centerline elevation plus twelve (12) inches

(attached garage floor)

Maximum Elevation = centerline elevation plus forty (40) inches

(attached garage floor)

Notes:

1.

The minimum elevation equals an approximate driveway slope of two percent from the future sidewalk to the garage at thirty (30) foot setback and 1.25 percent at fifty (50) foot setback.

2.

The maximum elevation equals an approximate driveway slope of ten percent from the future sidewalk to the garage at thirty (30) foot setback and six percent at fifty (50) foot setback.

3.

In the case where there is either no garage or it is not attached to the house, the elevation shown in this section shall then and only then, be construed to mean the first floor elevation of the house.

4.

The driveway shall be installed to approximately match the elevation of the future sidewalk (plus or minus two inches). This shall be accomplished by constructing it so that the elevation of the driveway at the front lot line is equal to the centerline elevation plus four and one-half inches.

F.

The R-1a and R-2 Zoning Districts. The garage floor elevation shown in this chapter is based upon the current front yard setback of this zoning district as twenty (20) feet from the front lot line. Therefore, the "normal" situation is to have the front of the garage at approximately twenty (20) plus feet from the front lot line. If this distance is proposed to be more than forty (40) feet back from the front lot line, then these guidelines do not apply, and more specific information should be obtained from the building inspector and/or city engineer.

Minimum Elevation = centerline elevation plus ten and one-half inches

(attached garage floor)

Maximum Elevation = centerline elevation plus twenty-eight and one-half (28½) inches

(attached garage floor)

Notes:

1.

The minimum elevation equals an approximate driveway slope of two and one-half percent from the future sidewalk to the garage at twenty (20) foot setback and one and one-quarter percent at forty (40) foot setback.

2.

The maximum elevation equals an approximate driveway slope of ten percent from the future sidewalk to the garage at twenty (20) foot setback and five percent at forty (40) foot setback.

3.

In the case where there is either no garage or it is not attached to the house, the elevation shown in this section shall then and only then, be construed to mean the first floor elevation of the house.

4.

The driveway shall be installed to approximately match the elevation of the future sidewalk (plus or minus two inches). This shall be accomplished by constructing it so that the elevation of the driveway at the front lot line is equal to the centerline elevation plus four and one-half inches.

G.

The R-3 Zoning District. The garage floor elevation shown in this chapter is based upon the current front yard setback of this zoning district as twenty-five (25) feet from the front lot line. Therefor, the "normal" situation is to have the front of the garage at approximately twenty-five (25) plus feet from the front lot line. If this distance is proposed to be more than forty-five (45) feet back from the front lot line, then these guidelines do not apply, and more specific information should be obtained from the building inspector and/or city engineer.

Centerline elevation plus twelve (12) inches

(attached garage floor)

Centerline elevation plus thirty-four (34) inches

(attached garage floor)

Notes:

1.

The minimum elevation equals an approximate driveway slope of two and one-half percent from the future sidewalk to the garage at twenty-five (25) foot setback and 1.4 percent at forty-five (45) foot setback.

2.

The maximum elevation equals an approximate driveway slope of 9.9 percent from the future sidewalk to the garage at twenty-five (25) foot setback and five and one-half percent at forty-five (45) foot setback.

3.

In the case where there is either no garage or it is not attached to the residential unit, the elevation shown in this section shall then, and only then, be construed to mean the first floor elevation of the unit.

4.

The driveway shall be installed to approximately match the elevation of the future sidewalk (plus or minus two inches). This shall be accomplished by constructing it so that the elevation of the driveway at the front lot line is equal to the centerline elevation plus four and one-half inches.

(Ord. 83-2003)

(Ord. No. 170-2009, § 5, 10-22-2009; Ord. No. 183-2009, § 5, 4-13-2010)

Editor's note— Ord. No. 183-2009, § 6, adopted April 13, 2010, repealed § 17.04.090, as previously repealed by Ord. No. 170-2009, § 6, adopted Oct. 22, 2009. Section 17.04.090 pertained to use restrictions and derived from Ord. 175-2009, 4-13-2010; Ord. 141-2007; prior code § 10-4-10.

A.

Principal Building or Structure. No principal building or structure shall be erected, altered or placed so that any roofed or enclosed portion encroaches into the street, side or rear yards as established by the street, side and rear setback regulations for the district in which such building or structure is located.

B.

Abutting Lots in Different Districts.

1.

Where lots in two different districts abut, one of which is in an "A" agricultural district, the yard regulations of each district shall apply within the separate districts.

2.

Where lots in two different districts, neither of which is in an "A" agricultural district:

a.

Abut along their rear lot lines, the rear yard depth required in the more restrictive district shall apply to both districts;

b.

Abut along their side lot line, the side and street yard setbacks required in the more restrictive district shall apply to both lots.

C.

Accessory Building or Structure.

1.

No detached accessory building or structure shall be erected, structurally altered or placed other than in a rear yard.

2.

Any accessory building or structure which is attached to a principal building or structure shall comply with setbacks established by the direct regulations for principal buildings and structures.

D.

Corner Lots. Corner lots shall have two street yards and a rear yard shall be provided opposite the street yard of the street from which the building or structure obtains its primary access.

E.

Fences, Hedges and Certain Accessory Structures.

1.

A fence in the city of Juneau must be constructed of milled or manufactured materials. Materials that are excluded: electrical wire, barbed wire, razor wire, chicken wire, glass, any hazardous materials or thorny plants and bushes. Vertical members of the fence cannot exceed four-inch spacing.

2.

Residential fences and hedges are required two feet off the property lines for maintenance purposes in residential districts, but shall not exceed a height of six feet. When to be placed in a front yard, review by the plan commission shall be required, and they shall not exceed a height of four feet. In no case shall they be closer than two feet to any public right-of-way lines.

3.

Security fences are required two feet off the property lines in all districts, except residential districts, but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

4.

Vegetation and certain accessory structures used for landscaping and decorating may be placed in the required street yard and side yards. Permitted structures and vegetation include, but are not limited to, flag poles, ornamental light standards, lawn furniture, sun dials, bird baths, trees, shrubs and flowers.

5.

Upon erecting a new fence, the good side shall be facing neighboring properties.

(Ord. 125-2006 (part); Ord. 125-2005 (part); Ord. 203 §§ 1, 2, 1995; prior code § 10-4-11)

(Ord. No. 170-2009, § 7, 10-22-2009; Ord. No. 183-2009, § 7, 4-13-2010; Ord. No. 260-2020, 10-13-2020)

After review, the plan commission may permit certain yard requirements to be modified, but such modifications shall be in accord with the following:

A.

Uncovered stairs, landings and fire escapes may project into any yard but not more than six feet and not closer than three feet to any lot line.

B.

Terraces, uncovered porches, decks, stoops, or similar appurtenances to residential buildings may project into any yard, provided they do not extend above the floor level of the adjacent building entrance and do not locate closer than three feet to any lot line and twenty (20) feet from any street right-of-way.

C.

Architectural projections such as chimneys, flues, sills, eaves, belt courses and ornaments may project into any required yard but such projection shall not exceed three feet.

D.

In any street yard, additions to existing structures may be permitted but shall not project beyond the average of the existing street yards on the abutting lots. (Prior code § 10-4-12)

(Ord. No. 170-2009, § 8, 10-22-2009; Ord. No. 183-2009, § 8, 4-13-2010)

Any such required setback area shall be landscaped and kept clean and free from the accumulation of debris and refuse. Such required setback areas shall not be used for the storage or display of equipment, products, vehicles, or other materials.

(Prior code § 10-4-13)

A.

Maximum Height. In any district, no buildings or structures shall be erected or structurally altered to a height in excess of that specified by the regulations for that district.

B.

Exceptions. The following shall be excepted from the height regulation of all districts:

1.

Chimneys and flues;

2.

Electric power and communication transmission lines.

C.

Increase Permitted. Subject to the approval of the city council:

1.

The maximum height of silos and windmills in agricultural districts and water towers and tanks in the public and semipublic district may be increased above the maximum allowed in the district provided all required setbacks for the silos, windmills and water towers or tanks are increased by one foot for each foot by which such silo, windmill, or water tower or tank exceeds the height limit;

2.

The maximum height of all other structures may be increased by not more than ten feet above the maximum allowed in the district provided all required setbacks for the structures are increased by one foot for each foot by which such structures exceed the height limit;

3.

If over sixty (60) feet, subject to the approval of the city council: cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts, aerials, wind powered generating units, and necessary mechanical appurtenances.

(Prior code § 10-4-14)

A.

Maximum Ground Coverage Permitted. The maximum total ground coverage of the principal building and all accessory buildings and structures shall not exceed that specified by the regulations for the district in which such buildings are located.

B.

Lot Size.

1.

No building shall be erected on a lot of less area or lot width than as specified by the regulations of the district in which such building is located.

2.

No lot area shall be reduced so as to create a lot of less than the required size or so that the existing setbacks, open space or lot area would be reduced below that required by the regulations for the district in which such lot is located.

(Prior code § 10-4-15)

No lot, yard, parking area, building area, or other space shall be reduced in area or dimension so that it does not meet the provisions of this title. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structures or use.

(Prior code § 10-4-16)

A variance for any and all requirements relating to area regulations (per Section 17.04.140), landscaping regulations (per Chapter 17.14), or parking regulations (per Chapter 17.12) is hereby automatically granted to all developments in their configuration existing or as finally approved as of the effective date of the title or an amendment to it. However, after the effective date of this title or an amendment to it such development shall not be permitted to enlarge, expand, or extend without bring[ing] the enlargement, expansions, or extension into compliance with the provisions of this title, unless a variance is granted by the zoning board under Section 17.04.220.

The "blanket variance" provision of this section is intended to prevent the creation of certain nonconforming developments subject to the requirements of this title. This section ensures that developments approved prior to the adoption of this title or an amendment to it do not encounter difficulty in transferring ownership because they would otherwise be considered nonconforming.

(Ord. No. 170-2009, § 9, 10-22-2009; Ord. No. 183-2009, § 9, 4-13-2010)

Wherever, in the course of administration and enforcement of this title, it is necessary or desirable to make any administrative decision, then, unless other standards are in this title, the decisions shall be made so that the result will not be contrary to the spirit and purpose of this title or injurious to the surrounding neighborhood.

(Prior code § 10-4-17)

The city plan commission shall designate a person to act as the administrative and enforcement officer, the zoning administrator, for the provisions of this title to serve at the pleasure of and under the direction of the city plan commission. The duty of the zoning administrator shall be to interpret and administer this title and to issue, after on-site inspection, all permits required by this title, except that no conditional use permit, unclassified use permit or variance shall be issued except with the authorization of the city plan commission or board of appeals in accordance with the requirements of this title. The zoning administrator shall investigate all complaints, give notice of violations, issue orders to comply with this title, and assist the city attorney in the prosecution of ordinance violators. The zoning administrator and/or his duly appointed deputies may enter at any reasonable time onto any public or private lands or waters to make a zoning inspection.

(Prior code § 10-4-18)

No structure, land or water shall hereafter be used and no structure or part thereof shall be constructed, erected, moved, reconstructed, extended, enlarged, converted or structurally altered except as specifically, or by necessary implication, authorized by this title. Conditional uses are allowed only on permit granted by the city plan commission upon finding that the specified conditions exist. (Prior code § 10-4-19)

(Ord. No. 170-2009, § 10, 10-22-2009; Ord. No. 183-2009, § 10, 4-13-2010)

A.

No structure, land or water shall be used and no structure shall be erected, moved, placed, altered or enlarged, unless excepted by Section 17.04.200, until after the issuance of a zoning permit. A zoning permit shall be granted or denied in writing by the zoning administrator within thirty (30) days of application. The permit shall expire within six months of issuance unless substantial work has commenced. Any permit issued in conflict with the provisions of this title shall be null and void.

B.

Applications for a zoning permit shall be made in duplicate to the zoning administrator on forms furnished by the zoning administrator and shall include the following where applicable:

1.

Names and addresses of the applicant, owner of the site, architect, professional engineer and/or contractor;

2.

Description of the subject site by lot, block and recorded subdivision or by metes and bounds, address of the subject site, type of structure, existing and proposed operation or use of the structure or site, number of employees, and the zoning district within which the subject site lies;

3.

Plat of survey prepared by a registered land surveyor, or a location sketch drawn to scale, showing the location, boundaries, dimensions, elevations, uses and size of the following:

a.

Subject site,

b.

Existing and proposed structures,

c.

Existing and proposed easements, streets, and other public ways,

d.

Off-street parking, loading areas and driveways,

e.

Existing highway access restrictions, and

f.

Existing and proposed street, side and rear yards;

4.

In addition, the plat of survey shall show the location, elevations and use of any abutting lands and their structures within forty (40) feet of the subject site;

5.

Additional information as may be required by the city plan commission or zoning administrator.

(Prior code § 10-4-20)

A.

Any work not requiring a zoning permit shall comply with the applicable setback, yard, height, and other requirements of this title.

B.

A zoning permit shall not be required in any of the following instances:

1.

For erecting or placing an accessory building of less than one hundred (100) square feet in area;

2.

For any improvement or alteration to an existing building of less than one hundred (100) square feet in area which does not effect a change in use;

3.

For normal repairs and maintenance (not including repairs to supporting members of the structure).

(Prior code § 10-4-21)

The city plan commission may authorize the zoning administrator to issue a conditional use permit for uses specified in each district in Chapter 17.08 of this Code or an unclassified use permit for uses which are not specifically listed, if the proposed use is similar in character to a listed or allowed use and no material detriment to adjoining property will result. Such permit shall only be issued after review and a public hearing and a finding that such uses and structures are in accordance with the purpose and intent of this title and are not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community. Exterior building appearance and signage shall be designed to ensure that the use does not detract from the ability of businesses in the vicinity to attract customers, and not adversely affect the marketability of properties in the vicinity. (Ord. 82-2003 (part): prior code § 10-4-22)

(Ord. No. 170-2009, § 11, 10-22-2009; Ord. No. 183-2009, § 11, 4-13-2010)

A.

When, in the judgment of the board of appeals, it would be inappropriate to apply literally the dimensional standards of this title because unnecessary hardship or practical difficulty would result, it may waive or vary such standard so that substantial justice may be done and the public interest, safety, welfare and justice secured.

B.

Use variances shall not be granted.

C.

Procedure:

1.

Application for variances may be made by the owner or leasee of the structure or land to be affected on forms furnished by the zoning administrator and shall be filed with the secretary of the board of appeals.

2.

The board of appeals shall fix a reasonable time for the hearing and give the notices required under Section 17.04.320.

(Prior code § 10-4-22.5)

Applications for conditional use permits and unclassified use permits shall be filed with the zoning administrator, shall be made in duplicate on forms furnished by the zoning administrator and shall include the following:

A.

The information required under Section 17.04.190;

B.

Names and addresses of all opposite and abutting property owners of record;

C.

Existing and proposed landscaping;

D.

Additional information as may be required by the city council or zoning administrator;

E.

An applicant who has been denied a conditional or unclassified use permit may reapply only upon a showing that there has been a material change in circumstances since the prior application was filed.

(Prior code § 10-4-23)

A.

The city plan commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway location, highway access, traffic generation and circulation, drainage, sewerage, and water systems, and the proposed operation applicable to each individual case prior to granting or denying a conditional use permit or an unclassified use permit.

B.

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements, may be required by the city plan commission upon its finding that these are necessary to fulfill the purpose and intent of this title.

C.

Compliance with all other provisions of this title, such as lot width and area, yards, height, parking, loading, traffic and highway access, shall be required of all conditional uses. Variances shall only be granted as provided in this title.

(Prior code § 10-4-24)

A.

A conditional use permit or unclassified use permit may be revoked if:

1.

The use does not continue to conform with the conditions of the original approval;

2.

The character of the surrounding area or the use itself has changed, causing the use to be incompatible with the surrounding area; or

3.

The use no longer conforms to public health, safety and welfare needs.

B.

Action to terminate a conditional use permit or an unclassified use permit may be taken by the city plan commission following a public hearing initiated by the filing of a petition.

C.

A petition for the termination of a conditional use permit or an unclassified use permit may be filed by any person adversely affected by the use complained of, by any member of the city plan commission or by the zoning administrator.

D.

The hearing on a petition for termination of a permit shall be on the same notice as set forth in Section 17.04.320.

E.

After revocation of the permit, such use shall be classified as an illegal nonconforming use.

(Prior code § 10-4-25)

Any person aggrieved by a decision of the zoning administrator, or the city plan commission may file an appeal with the city board of appeals, pursuant to the rules and procedures that the board of appeals has adopted.

(Prior code § 10-4-25.5)

A.

Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the city council may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this title or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the city plan commission.

B.

Initiation. A change or amendment may be initiated by the city council, plan commission or a petition of one or more of the owners of property within the area proposed to be changed.

C.

Petitions. Petitions, for any change to the district boundaries or amendments to the regulations, shall be filed with the city clerk, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use, and have attached the following:

1.

A plot plan, drawn to a scale of one inch equaling not more than one hundred (100) feet, showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within three hundred (300) feet of the area proposed to be rezoned;

2.

Owners' names and addresses of all properties lying within three hundred (300) feet of the area proposed to be rezoned;

3.

Additional information as required by the city plan commission or city council.

D.

Recommendations. The city plan commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be denied or granted as requested or as modified. The recommendation shall be made at a meeting after the meeting at which the petition is first submitted and shall be made in writing to the city council.

E.

Hearings. The city plan commission shall hold a public hearing on each proposed amendment to the zoning code on notice as specified in Section 17.04.320. Prior to taking final action on any zoning amendments the city council may hold additional public hearing on notice as provided herein.

F.

City Council's Action. Following such hearing and after careful consideration of the city plan commission's recommendations, the city council shall vote on the passage of the proposed change or amendment. The city plan commission's recommendations may only be overruled by a two-thirds vote of the full city council's membership.

G.

Protest. In the event of a protest against such district change or amendment to the regulations of this title, duly signed and acknowledged by the owners of twenty (20) percent or more either of the areas of the land included in such proposed amendment, or by the owners of twenty (20) percent or more of the land immediately adjacent extending one hundred (100) feet therefrom, or by the owners of twenty (20) percent or more of the land directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths of the full city council membership.

(Ord. 143-2007; prior code § 10-4-26)

(Ord. No. 159-2008, 8-21-08; Ord. No. 177-2009, 4-13-2010; Ord. No. 182-2009, 4-13-2010)

Any person or persons aggrieved by any decision of the board of appeals may present to the court of record, a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board of appeals.

(Prior code § 10-4-27)

A.

Fees shall be required of all persons, firms or corporations requesting an ordinance amendment, interpretation, variance or appeal. Fees shall also be required of all persons, firms or corporations performing work for which this chapter requires a permit. Such fees defray the city's cost of administration, investigation, legal advertisement and processing.

B.

The fees are payable to the city treasurer according to a fees schedule affirmed by common council resolution.

(Ord. 227, 1997)

It is unlawful to construct or use any structure, land or water in violation of any of the provisions of this title. In case of any violation, the city council, the zoning administrator, the city plan commission, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this title.

(Prior code § 10-4-29)

Any person, firm or corporation who fails to comply with the provisions of this title shall, upon conviction thereof, forfeit not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) and costs of prosecution for each violation and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding thirty (30) days. Each day a violation exists or continues shall constitute a separate offense.

(Prior code § 10-4-30)

Notice of any public hearing, which the city council, plan commission or board of appeals is required to hold under the terms of this title, shall specify the date, time and place of the hearing and shall state the matter to be considered. The notice shall be published in a newspaper of general circulation at least once each week for two consecutive weeks and the hearing shall not be held until at least seven days following the date of last publication. The city clerk shall also give at least ten days' prior written notice to the clerk of any municipality within one thousand (1,000) feet of any land to be affected by the proposed action, and all property owners within a three hundred (300) foot radius.

(Prior code § 10-4-31)

(Ord. of 4-13-2021)

A.

General Provisions. In addition to any other fees required to be paid in conjunction with the filing of an application requesting any consideration on the part of the city council, the city plan commission, or the city board of appeals to establish or modify any use of land or subdivision of land within the city, the person, partnership, or entity requesting such consideration (hereinafter called "applicant") shall compensate the city for all costs and expenses the city incurs in the consideration of any such application or request that are above and beyond the deductible amount indicated in paragraph (D) below. The obligation to compensate the city for its costs or expenses shall include costs incurred as part of any pre-application discussions with the city or its representatives that precede an application to the city.

B.

Applicant Certificate and Agreement. Before the city shall incur any costs or expenses in consideration of any application as described in this Section, the applicant shall sign a cost recovery certificate and agreement on a form to be made available by the city clerk acknowledging the applicant's responsibility for all city costs and expenses directly or indirectly related to the consideration of the applicant's proposal. The original of said certificate and agreement shall be kept on file with the city clerk. A copy shall be given to the applicant at the time of signing.

C.

Costs Recoverable. All costs above and beyond the deductible amount indicated in paragraph (D) below that are incurred by the city in the consideration of any proposals related to the city zoning or subdivision ordinance, the official map, building code, property maintenance code, or tax increment finance districts shall be recoverable. This shall include all professional and technical consultant services and fees incurred by the city and rendered in review of any application, including, but not limited to, the city engineer, planner, building inspector, city attorney or any other professional or expert hired by the city for purposes of review of the application or pre-application.

D.

Deductible. The city shall pay the first fifteen hundred dollars ($1,500.00) of all costs recoverable by the city, as indicated in paragraph (C) above. Any costs incurred above and beyond fifteen hundred dollars ($1,500.00) shall be recoverable by the city per the provisions of this section.

E.

Billing of Costs. The city clerk shall, on a monthly basis, bill all costs recoverable pursuant to this section to the applicant. Said costs shall be paid by applicant within ten days of receipt of the city's billing. The city council may require an applicant to submit an advance deposit against future billings by the city for the recovery of costs provided by this section. Surplus deposits shall be returned to the applicant at the conclusion of the project if such deposit exceeds the amount of billings for recoverable costs.

F.

Condition of All Applications. Notwithstanding anything in the city Municipal Code to the contrary, an applicant's failure to pay in full all recoverable costs pursuant to this section shall cause the city to halt any further consideration of or action on the applicant's proposal until such recoverable costs have been paid. This condition shall extend to any city council request for an advance deposit against future billings for recoverable costs, as called for herein.

G.

Enforcement. In addition to those provisions for enforcement contained in the city Municipal Code, in the event the city is not paid billed recoverable fees as called for herein, the city shall be entitled assign such fees as a special assessment to the subject property. The city shall also be entitled to recover all actual attorney fees, litigation expenses, witness fees, filing fees, expert witness fees, and all other costs or expenses incurred by the city in the prosecution of a violation of this section.

(Ord. No. 191-2010, § 1, 3-8-2011)

City of Juneau
Cost Recovery Certificate and Agreement

The City of Juneau may retain the services of professional consultants (including, but not limited to, planners, engineers, architects, attorneys, environmental specialists, recreation specialists, and other experts) to assist in the City's review of a proposal coming before the Plan Commission, City Council, or City Board of Appeals. Pursuant to the provisions of Section 17.04.330 of the City of Juneau Municipal Code, any consulting charges that exceed $1,500 may be charged by the City to the applicant. Review fees that are charged to an applicant but that are not paid may be assigned by the City as a special assessment to the subject property and the City may halt any further consideration of the applicant's request until such fees have been paid. The applicant shall be required to provide the City with an executed copy of the following form as a prerequisite to the processing of the proposed application.

The undersigned applicant and property owner agree to reimburse the City for all costs directly or indirectly associated with the consideration of the applicant's proposal and that exceed the City's $1,500 deductible. Such costs shall be in addition to those fees normally payable by an applicant, such as filing or permit fees, publication expenses, etc. City of Juneau staff shall retain sole discretion in determining when and to what extent it is necessary to involve a professional consultant in the review of a proposal.

(Ord. No. 191-2010, § 1, 3-8-2011)