Juneau City Zoning Code

It is declared a matter of public policy and under authority of Wis. Stats. § 62.23(7) that the protection, enhancement, perpetuation and use of improvements or sites of special character or special architectural, archeological or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this chapter is to:

A.

Effect and accomplish the protection, enhancement and preservation of such improvements, sites and districts which represent or reflect elements of the city's cultural, social, economic, political and architectural history;

B.

Safeguard the city's historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures, sites and districts;

C.

Stabilize and improve property values, and enhance the visual and aesthetic character of the city;

D.

Protect and enhance the city's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry.

(Ord. 215 (part), 1996: prior code § 10-7-1)

As used in this chapter:

"Certificate of appropriateness" means the certificate issued by the commission approving alterations, rehabilitation, construction, reconstruction or demolition of a historic structure, historic site or any improvement in a historic district.

"Commission" means the historic preservation commission created under this chapter.

"Historic district" is an area designated by the common council on recommendation of the commission, that contains two or more historic improvements or sites.

"Historic site" means any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of man, or upon which a historic event has occurred, and which has been designated as a historic site under this chapter, or an improvement parcel, or part thereof, on which is situated a historic structure and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the historic structure is situated.

"Historic structure" means any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation and which has been designated as a historic structure pursuant to the provisions of this chapter.

"Improvement" means any building, structure, place, work of art or other object consisting of a physical betterment of real property, or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs and the like.

(Ord. 215 (part), 1996: prior code § 10-7-2)

A historic preservation commission is created, consisting of seven members. Of the membership, if available in the community, one shall be a registered architect, one shall be a historian, one shall be a licensed real estate broker, one shall be an alderperson, and three shall be citizen members. Each member shall have, to the highest extent practicable, a known interest in historic preservation. The mayor shall appoint the commissioners subject to confirmation by common council.

(Ord. 215 (part), 1996: prior code § 10-7-3)

A.

For purposes of this chapter, a historic structure, historic site or historic district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural, archeological or cultural significance to the city such as historic structures, sites or districts which:

1.

Exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community; or

2.

Are identified with historic personages or with important events in national, state or local history; or

3.

Embody the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; or

4.

Are representative of the notable work of a master builder, designer or architect who influenced his age; or

5.

Have yielded, or may be likely to yield, information important to prehistory or history.

B.

The commission shall adopt specific operating guidelines for historic structure, historic site and historic district designation providing such are in conformance with the provisions of this chapter.

(Ord. 215 (part), 1996: prior code § 10-7-4)

A.

Designation. The commission shall have the power, subject to Section 17.32.040, to designate structures and historic sites and to recommend designation of historic districts within the city limits. Such designations shall be made based on Section 17.32.040. Historic districts shall be approved by the common council. Once designated, such historic structures, sites and districts shall be subject to all the provisions of this chapter.

B.

Regulation of Construction, Reconstruction, Alteration and Demolition.

1.

No owner or person in charge of a historic structure, historic site or structure within a historic district shall reconstruct, alter or demolish all or any part of the exterior of such property or construct any improvement upon such designated property or properties or cause or permit any such work to be performed upon such property or demolish such property unless a certificate of appropriateness has been granted by the historic preservation commission. Also, unless such certificate has been granted by the commission, the building inspector shall not issue a permit for any such work.

2.

Upon filing of an application for a certificate of appropriateness with the commission, the commission shall approve the application unless:

a.

In the case of a designated historic structure or historic site, the proposed work would detrimentally change, destroy or adversely affect any exterior feature of the improvement or site upon which the work is to be done;

b.

In the case of the construction of a new improvement upon a historic site, or within a historic district, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site or within the district;

c.

In the case of any property located in a historic district, the proposed construction, reconstruction, exterior alteration or demolition does not conform to the purpose and intent of this chapter and to the objectives and design criteria of the historic preservation plan for the district;

d.

The building or structure is of such architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the city and state;

e.

In the case of a request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair.

3.

If the commission determines that the application for a certificate of appropriateness and the proposed changes are consistent with the character and features of the property or district, it shall issue the certificate of appropriateness. The commission shall make this decision within forty-five (45) days of the filing of the application.

4.

The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the city. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the certificate of appropriateness required for the proposed work.

5.

Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness provided that the work involves repairs to existing features of a historic structure or site or the replacement of elements of a structure with pieces identical in appearance and provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit.

C.

Appeals. Should the commission fail to issue a certificate of appropriateness due to the failure of the proposal to conform to the guidelines, the applicant may appeal such decision to the common council within thirty (30) days. In addition, if the commission fails to issue a certificate of appropriateness, the commission shall, with the cooperation of the applicant, work with the applicant in an attempt to obtain a certificate of appropriateness within the guidelines of this chapter.

D.

Recognition of Historic Structures, Sites and Districts. At such time as a historic structure, site or district has been properly designated, the commission, in cooperation with the property owner, may cause to be prepared and erected on such property at city expense, a suitable plaque declaring that such property is a historic structure, site or district.

(Ord. 215 (part), 1996: prior code § 10-7-5)

A.

Designation of Historic Structures and Historic Sites.

1.

The commission may, after notice and public hearing, designate historic structures and historic sites, or rescind such designation or recommendation, after application of the criteria in Section 17.32.040 above. At least ten days prior to such hearing, the commission shall notify the owners of record, as listed in the office of the city assessor, who are owners of property in the whole or in part situated within two hundred (200) feet of the boundaries of the property affected.

2.

The commission shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary. The commission may conduct an independent investigation into the proposed designation or rescission. Within ten days after the close of the public hearing, the commission may designate the property as either a historic structure, or a historic site, or rescind the designation. After the designation or rescission has been made, notification shall be sent to the owner or owners of the subject property. Notification shall also be given to the city clerk, building inspection division, plan commission and the city assessor. The commission shall cause the designation or rescission to be recorded, at city expense, in the county register of deeds office.

B.

Creation of Historic District.

1.

For preservation purposes, the historicpreservation commission shall select geographically defined areas within the city to be designated as historic districts and shall prepare a historic preservation plan for each area. A historic district may be designated for any geographic area of particular historic, architectural or cultural significance to the city, after application of the criteria in Section 17.32.040 above. Each historic preservation plan prepared for or by the historic preservation commission shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development, and a statement of preservation objectives.

2.

Review and Adoption Procedure.

a.

Historic Preservation Commission. The historic preservation commission shall hold a public hearing when considering the plan for a historic district. Notice of the time, place and purpose of the public hearing shall be sent by the city clerk to the alderperson of the aldermanic districts in which the historic district is located, and the owners of record, as listed in the office of the city assessor, who are owners of the property within the proposed historic district or are situated in whole or in part within two hundred (200) feet of the boundaries of the proposed historic district. The notice is to be sent at least ten days prior to the date of the public hearing. Following the public hearing, the historic preservation commission shall vote to recommend, reject or withhold action on the plan.

b.

The Common Council. The common council, upon receipt of the recommendations from the historic preservation commission, shall hold a public hearing, notice to be given as noted in subsection (B)(2)(a) above and shall, following the public hearing either designate or reject the historic district. Designation of the historic district shall constitute adoption of the plan prepared for that district and direct the implementation of the plan.

(Ord. 215 (part), 1996: prior code § 10-7-6)

No building permit shall be issued by the building inspector for alteration, construction, demolition or removal of a nominated historic structure, historic site, or any property or structure within a nominated historic district from the date of the meeting of the historic preservation commission at which a nomination form is first presented until the final disposition of the nomination by which such alteration, removal or demolition is authorized by formal resolution of the city council as necessary for public health, welfare or safety. In no event shall the delay be for more than one hundred eighty (180) days.

(Ord. 215 (part), 1996: prior code § 10-7-7)

Any person or persons violating any provision of this chapter shall be fined fifty dollars ($50.00) for each separate violation. Each and every day during which a violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the building inspector. The city may also apply to the circuit court for injunctive relief to prevent or stop violations of this chapter.

(Ord. 215 (part), 1996: prior code § 10-7-8)

APPENDIX A:
CITY OF JUNEAU LAND USE REGULATIONS TABLES

How to Use the Land Use Tables.

A.

The land uses listed in this appendix are specifically designated and refer to the detailed listing of land uses contained in Section 17.09.050 (Detailed Land Use Descriptions and Regulations).

B.

Land Uses Permitted by Right: Land uses listed as permitted by right (designated as a "P") are permitted per the general land use requirements of this title (Section 17.09.040); per the general requirements of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay zoning districts as designated on the official zoning map; per the general requirements of this title; and per any and all other applicable city, county, state, and federal regulations.

C.

Land Uses Permitted as a Conditional Use: Land uses listed as a conditional use (designated as a "C") are subject to all the requirements applicable to uses permitted by right as listed in subsection (B), above, plus any additional requirements applicable to that particular land use as contained in Section 17.09.050 (Detailed Land Use Descriptions and Regulations), including any additional requirements imposed as part of the conditional use process. Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedence for similar requests.

D.

Land Uses Permitted as an Accessory Use: Land uses permitted as an accessory use are subject to all the requirements applicable to uses permitted by right as listed in subsection (B), above, plus any additional requirements applicable to that particular land use as contained in Section 17.09.050 (Detailed Land Use Descriptions and Regulations).

E.

Land Uses Permitted as a Temporary Use: Land uses listed as a permitted temporary use (designated as a "T") are permitted subject to all the requirements applicable to uses permitted by right as listed in subsection (B), above, plus any additional requirements applicable to that particular land use as contained in Section 17.09.050 (Detailed Land Use Descriptions and Regulations).

F.

Land uses for which a blank space is shown for a specific zoning district are not permitted in such zoning district, except as legal nonconforming uses (per Section 17.20.010).

G.

Although a land use may be indicated as permitted by right or permitted as a conditional use in a particular district, it does not follow that such a land use is permitted or permissible on every parcel in such district. No land use is permitted or permissible on a parcel unless it can be located thereon in full compliance with all of the standards and regulations of this title that are applicable to the specific land use and parcel in question, or unless an appropriate variance has been granted pursuant to Section 17.04.220.

Tables of Land Uses (A)

(P) = Land uses permitted by right

(C) = Land uses permitted as a conditional use

Tables of Land Uses (B) and (C)

(P) = Land uses permitted by right

(C) = Land uses permitted as a conditional use

Tables of Land Uses (D)

(P) = Land uses permitted by right

(C) = Land uses permitted as a conditional use

Tables of Land Uses (E), (F), and (G)

(P) = Land uses permitted by right

(C) = Land uses permitted as a conditional use

Tables of Land Uses (H)

(P) = Land uses permitted by right

(C) = Land uses permitted as a conditional use

Tables of Land Uses (I)

(T) = Land uses permitted as a temporary use

(Ord. No. 170-2009, § 105, 10-22-2009; Ord. No. 183-2009, § 105, 4-13-2010; Ord. No. 186-2010, § 40, 8-26-2010)

APPENDIX B:
DETAILED CLASSIFICATION OF PLANT SPECIES

The following sources were used in compiling the preceding lists of plant species:

Department of Natural Resources. Forest Trees of Wisconsin: How to Know Them. Madison, Wisconsin: Department of Natural Resources, 1987.

Hasselkus, E.R. A Guide to Selecting Landscape Plants for Wisconsin. Madison, Wisconsin: College of Agricultural and Life Sciences University of Wisconsin—Extension, Cooperative Extension Programs, 1982.

Hightshoe, Gary L. Native Trees, Shrubs, and Vines for Urban and Rural America: A Planting Design Manual for Environmental Designers. New York: Van Nostrand Reinhold, 1988.

Iowa State University. Landscape Plants for Iowa. Ames, Iowa: Iowa State University Cooperative Extension Service, May 1984.

(Ord. No. 170-2009, § 106, 10-22-2009; Ord. No. 186-2010, § 40, 8-26-2010)