Juneau City Zoning Code

For the purpose of this title, the city of Juneau is divided into zoning districts, as named and described in the following sections.

(Prior code § 10-4-32)

A.

The boundaries of these districts are established as shown on the map entitled, "Zoning Map—City of Juneau, Wisconsin," dated June, 1980, which is part of this title, incorporated by reference.

B.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:

1.

Boundaries shown as approximately following city limits, U.S. Public Land Survey lines, lot or property lines, centerlines of streets, highways, alleys, easements, and railroad right-of-ways, and such lines extended shall be construed to follow such lines unless otherwise noted on the zoning map.

2.

District boundaries may be moved to include an entire parcel in the least restrictive district provided that, at the time of enactment of this title, the parcel was a single ownership parcel and that the district boundaries shall not be moved more than seventy-five (75) feet.

3.

Vacation of public streets and alleys shall cause the area vacated to be automatically placed in the same district as the land to which the vacated area reverts.

4.

Areas annexed to or consolidated with the city after the effective date of this title shall be placed in the A-1 agricultural district, unless the annexation ordinance temporarily places the land in another district. Within one year, the city plan commission shall evaluate and recommend a permanent classification to the city council.

(Prior code § 10-4-33)

The city clerk shall maintain an official zoning map which shall bear the certification of the mayor and city clerk. The city clerk shall maintain a notation on the map, or on a separate document attached to the map, of every zoning change enacted by the common council which shall identify the parcel or parcels affected by parcel number or street address. The city shall, from time to time, prepare an updated map showing all changes enacted by the council after the last map was drawn. Failure to revise the official zoning map shall not affect the validity of any enacted zoning change that was duly noted on the official zoning map or on an attachment to the official zoning map.

(Prior code § 10-4-34)

(Ord. No. 157-2008, 7-17-08; Ord. No. 181-2009, 4-13-2010)

The intent of this district is to provide for the continuation of general farming and related uses in those areas of the city not yet committed to urban development and to provide for the orderly transition from farming to urban-type uses.

(Prior code § 10-4-35)

The following uses are permitted:

A.

Cultivation, continued, reestablished, or newly established (per Section 17.09.050 (B)(1)).

B.

Single-family detached (per Section 17.09.050(A)(1)).

C.

On-site agricultural retail (per Section 17.09.050(B)(5)).

D.

Selective cutting (per Section 17.09.050(B)(6)).

E.

Passive outdoor recreation (per Section 17.09.050(C)(1)).

F.

Active outdoor recreation (per Section 17.09.050(C)(2)).

G.

Public services and utilities (per Section 17.09.050(C)(5)).

H.

Community living arrangement (one to eight residents) (per Section 17.09.050(C)(7)).

(Prior code § 10-4-36)

(Ord. No. 170-2009, § 12, 10-22-2009; Ord. No. 183-2009, § 12, 4-13-2010; Ord. No. 186-2010, § 1, 8-26-2010)

The following uses may be permitted after review and approval by the city plan commission:

A.

Agricultural service (per Section 17.09.050(B)(4)).

B.

Clear cutting (per Section 17.09.050(B)(7)).

C.

Outdoor institutional (per Section 17.09.050(C)(4)).

D.

Outdoor commercial entertainment (per Section 17.09.050(D)(9)).

E.

Commercial animal boarding (per Section 17.09.050(D)(10)).

F.

Bed and breakfast establishments (per Section 17.09.050(D)(12)).

G.

Campground (per Section 17.09.050(D)(14)).

H.

Junkyard or salvage yard (per Section 17.09.050(E)(4)).

I.

Waste disposal facility (per Section 17.09.050(E)(5)).

J.

Composting operation (per Section 17.09.050(E)(6)).

K.

Airport/heliport (per Section 17.09.050(F)(2)).

L.

Communication tower (per Section 17.09.050(G)(3)).

M.

Extraction use (per Section 17.09.050(G)(4)).

N.

Community living arrangement (nine to fifteen (15) residents) (per Section 17.09.050(C)(8)).

O.

Personal or professional services (per Section 17.09.050(D)(2)).

P.

Artisan studio (per Section 17.09.050(D)(18)).

Q.

Artisan production shop (per Section 17.09.050(D)(19)).

R.

Caretaker's residence (per Section 17.09.050(H)(21)).

S.

Husbandry (per Section 17.09.050(B)(2)).

T.

Indoor aquaculture (per Section 17.09.050(B)(8)).

U.

Greenhouse-commercial (per Section 17.09.050(D)(20)).

V.

Greenhouse-wholesale (per Section 17.09.050(D)(21)).

W.

Community garden (per Section 17.09.050(B)(9)).

X.

Market garden (per Section 17.09.050(B)(10)).

(Prior code § 10-4-37)

(Ord. No. 170-2009, § 13, 10-22-2009; Ord. No. 183-2009, § 13, 4-13-2010; Ord. No. 186-2010, § 2, 8-26-2010)

A.

Farm residence (per Section 17.09.050(H)(2)).

B.

Detached residential garage, carport, utility shed, or lawn ornament (per Section 17.09.050(H)(3)).

C.

Home occupation (per Section 17.09.050(H)(9)).

D.

Family day care home (four to eight children) (per Section 17.09.050(H)(10)).

E.

On-site parking lot (per Section 17.09.050(H)(13)).

F.

Private residential recreational facility (per Section 17.09.050(H)(14)).

G.

Drainage structure (per Section 17.09.050(H)(16)).

H.

Filling (per Section 17.09.050(H)(17)).

I.

Lawn care (per Section 17.09.050(H)(18)).

J.

Exterior communication devices (per Section 17.09.050(H)(20)).

(Ord. No. 170-2009, § 14, 10-22-2009; Ord. No. 183-2009, § 14, 4-13-2010)

A.

Outdoor display incidental to indoor sales and service (more than twelve (12) days) (per Section 17.09.050(H)(6)).

B.

Intermediate day care home (nine to fifteen (15) children) (per Section 17.09.050(H)(11)).

C.

Migrant labor camp (per Section 17.09.050(H)(12)).

D.

Private residential stable (per Section 17.09.050(H)(15)).

E.

Individual septic disposal systems (per Section 17.09.050(H)(19)).

(Ord. No. 170-2009, § 14, 10-22-2009; Ord. No. 183-2009, § 14, 4-13-2010)

A.

Outdoor assembly (per Section 17.09.050(I)(2)).

B.

Contractor's project office (per Section 17.09.050(I)(3)).

C.

Contractor's on-site equipment storage (per Section 17.09.050(I)(4)).

D.

On-site real estate sales office (per Section 17.09.050(I)(6)).

E.

Outdoor sales of farm products (per Section 17.09.050(I)(7)).

(Ord. No. 170-2009, § 14, 10-22-2009; Ord. No. 183-2009, § 14, 4-13-2010)

A.

All buildings, structures or enclosures which house or confine animals, including but not limited to animal hospitals, kennels, barnyards, feedlots and stables, shall meet the following minimum setback requirements:

1.

Street yard: One hundred (100) feet;

2.

Side yard: One hundred (100) feet;

3.

Rear yard: One hundred (100) feet.

B.

Detached accessory buildings shall be setback a minimum of three feet from all lot lines, except all accessory buildings that are adjacent to a public right-of-way must be ten feet from the lot line, except that if a vehicular door of an accessory structure faces a public right-of-way, the accessory structure must be twenty (20) feet from the rear lot line.

C.

All other uses shall meet the following minimum setback requirements:

1.

Street yard: Fifty (50) feet;

2.

Side yard: Twenty (20) feet (each side yard);

3.

Rear yard: Fifty (50) feet.

D.

Minimum paved surface setback: Three feet from side or rear, ten feet from street. (Prior code § 10-4-38)

(Ord. No. 170-2009, § 15, 10-22-2009; Ord. No. 183-2009, § 15, 4-13-2010)

A.

All single-family dwellings and their accessory structures shall not exceed the following maximum requirements:

1.

Principal building: Thirty (30) feet;

2.

Accessory structures: Fifteen (15) feet.

B.

All other buildings or structures shall not exceed the following maximum: Sixty (60) feet.

(Prior code § 10-4-39)

A.

All lots shall meet the following minimum requirements:

1.

Lot area: Five acres,

2.

Lot width: Two hundred (200) feet,

3.

Lot area per dwelling unit: Five acres;

B.

Parking and access regulations (see Chapter 17.12);

C.

Sign regulations (see Chapter 17.16).

(Prior code § 10-4-40)

The intent of this district is to establish and preserve quiet, single-family neighborhoods as desired by large numbers of people, free from uses except those which are both compatible with and convenient to the residents of such a district.

(Prior code § 10-4-41)

The following uses are permitted:

A.

Single-family detached (per Section 17.09.050(A)(1)).

B.

Cultivation, continued (per Section 17.09.050(B)(1)).

C.

Selective cutting (per Section 17.09.050(B)(6)).

D.

Passive outdoor recreation (per Section 17.09.050(C)(1)).

E.

Active outdoor recreation (per Section 17.09.050(C)(2)).

F.

Public services and utilities (per Section 17.09.050(C)(5)).

G.

Community living arrangement (one to eight residents) (per Section 17.09.050(C)(7)).

(Prior code § 10-4-42)

(Ord. No. 170-2009, § 16, 10-22-2009; Ord. No. 183-2009, § 16, 4-13-2010; Ord. No. 186-2010, § 3, 8-26-2010)

The following uses may be permitted after review and approval by the city plan commission:

A.

Clear cutting (per Section 17.09.050(B)(7)).

B.

Community living arrangement (nine to fifteen (15) residents) (per Section 17.09.050(C)(8)).

C.

Bed and breakfast establishments (per Section 17.09.050(D)(12)).

D.

Indoor institutional (per Section 17.09.050(C)(3)).

E.

Caretaker's residence (per Section 17.09.050(H)(21)).

F.

Cultivation, reestablished or newly established (per Section 17.09.050(B)(1)).

G.

Community garden (per Section 17.09.050(B)(9)).

H.

Market Garden (per Section 17.09.050(B)(10)).

(Ord. 90-2004 (part); prior code § 10-4-43)

(Ord. No. 170-2009, § 17, 10-22-2009; Ord. No. 183-2009, § 17, 4-13-2010; Ord. No. 186-2010, § 4, 8-26-2010)

A.

Farm residence (per Section 17.09.050(H)(2)).

B.

Detached residential garage, carport, utility shed, or lawn ornament (per Section 17.09.050(H)(3)).

C.

Home occupation (per Section 17.09.050(H)(9)).

D.

Family day care home (four to eight children) (per Section 17.09.050(H)(10)).

E.

On-site parking lot (per Section 17.09.050(H)(13)).

F.

Private residential recreational facility (per Section 17.09.050(H)(14)).

G.

Drainage structure (per Section 17.09.050(H)(16)).

H.

Filling (per Section 17.09.050(H)(17)).

I.

Lawn care (per Section 17.09.050(H)(18)).

J.

Exterior communication devices (per Section 17.09.050(H)(20)).

K.

In-family suite (per Section (H)(22)).

(Ord. No. 170-2009, § 18, 10-22-2009; Ord. No. 183-2009, § 18, 4-13-2010)

Intermediate day care home (nine to fifteen (15) children) (per Section 17.09.050(H)(11)).

(Ord. No. 170-2009, § 18, 10-22-2009; Ord. No. 183-2009, § 18, 4-13-2010)

A.

Outdoor assembly (per Section 17.09.050(I)(2)).

B.

Contractor's project office (per Section 17.09.050(I)(3)).

C.

Contractor's on-site equipment storage (per Section 17.09.050(I)(4)).

D.

On-site real estate sales office (per Section 17.09.050(I)(6)).

(Ord. No. 170-2009, § 18, 10-22-2009; Ord. No. 183-2009, § 18, 4-13-2010)

All uses shall meet the following minimum setback requirements:

A.

Street yard: Thirty (30) feet;

B.

Side yard: Fifteen (15) feet (each side yard);

C.

Rear yard: Thirty (30) feet.

D.

Detached accessory buildings shall be setback a minimum of three feet from all lot lines, except all accessory buildings that are adjacent to a public right-of-way must be ten feet from the lot line, except that if a vehicular door of an accessory structure faces a public right-of-way, the accessory structure must be twenty (20) feet from the rear lot line.

E.

Minimum paved surface setback: Three feet from side or rear, ten feet from street.

(Ord. 125-2006 (part); prior code § 10-4-44)

(Ord. No. 170-2009, § 19, 10-22-2009; Ord. No. 183-2009, § 19, 4-13-2010)

A.

All single-family dwellings and their accessory structures shall not exceed the following maximum requirements:

1.

Principal buildings: Thirty (30) feet;

2.

Accessory structures: Fifteen (15) feet.

B.

All other buildings or structures shall not exceed the following maximum requirements:

1.

Principal buildings or structures: Sixty (60) feet;

2.

Accessory structures: Fifteen (15) feet.

(Prior code § 10-4-45)

A.

Maximum Ground Coverage. The total ground area occupied by any principal building with all its accessory buildings shall not exceed the following percentage of total lot area: twenty (20) percent;

B.

Lot Requirements. All uses shall meet the following minimum lot requirements:

1.

Lot area: Ten thousand (10,000) square feet,

2.

Lot width: Ninety (90) feet;

C.

Parking and access regulations (see Chapter 17.12);

D.

Sign regulations (see Chapter 17.16).

(Ord. 75-2003; prior code § 10-4-46)

The intent of this district is to recognize the existing small lot single-family residential development in Juneau and to establish and preserve quiet residential neighborhoods as desired by large numbers of people, free from other uses except those which are both compatible with and convenient to the residents of such a district.

(Ord. 145-2007 § 5 (part))

(Ord. No. 178-2009, § 5, 4-13-2010)

A.

Single-family detached (per Section 17.09.050(A)(1)).

B.

Cultivation, continued (per Section 17.09.050(B)(1)).

C.

Selective cutting (per Section 17.09.050(B)(6)).

D.

Passive outdoor recreation (per Section 17.09.050(C)(1)).

E.

Active outdoor recreation (per Section 17.09.050(C)(2)).

F.

Public services and utilities (per Section 17.09.050(C)(5)).

G.

Community living arrangement (one to eight residents) (per Section 17.09.050(C)(7)).

H.

Twin house/duplex—Established on or before February 21, 2008, as clearly proven by the property owner, shall be granted legal, conforming status, unless the two-family use is discontinued for more than three hundred sixty-five (365) days. No new twin house/duplex shall be permitted within the R-1a single-family residential district after February 21, 2008 (per Sections 17.09.050(A)(2) and (A)(3)).

I.

Two-flat—Established on or before the adoption date of this ordinance, as clearly proven by the property owner, shall be granted legal, conforming status, unless the two-family use is discontinued for more than three hundred sixty-five (365) days (per Section 17.09.050(A)(4)).

(Ord. 154-2007; Ord. 145-2007 § 5 (part))

(Ord. No. 170-2009, § 20, 10-22-2009; Ord. No. 178-2009, § 5, 4-13-2010; Ord. No. 180-2009, 4-13-2010; Ord. No. 183-2009, § 20, 4-13-2010; Ord. No. 186-2010, § 5, 8-26-2010)

The following uses may be permitted after review and approval by the city plan commission:

A.

Clear cutting (per Section 17.09.050(B)(7)).

B.

Community living arrangement (nine to fifteen (15) residents) (per Section 17.09.050(C)(8)).

C.

Bed and breakfast establishments (per Section 17.09.050(D)(12)).

D.

Indoor institutional (per Section 17.09.050(C)(3)).

E.

Cultivation, reestablished or newly established (per Section 17.09.050(B)(1)).

F.

Community garden (per Section 17.09.050(B)(9)).

G.

Market garden (per Section 17.09.050(B)(10)).

(Ord. 145-2007 § 5 (part))

(Ord. No. 170-2009, § 21, 10-22-2009; Ord. No. 178-2009, § 5, 4-13-2010; Ord. No. 183-2009, § 21, 4-13-2010; Ord. No. 186-2010, § 6, 8-26-2010)

A.

Farm residence (per Section 17.09.050(H)(2)).

B.

Detached residential garage, carport, utility shed, or lawn ornament (per Section 17.09.050(H)(3)).

C.

Home occupation (per Section 17.09.050(H)(9)).

D.

Family day care home (four to eight children) (per Section 17.09.050(H)(10)).

E.

On-site parking lot (per Section 17.09.050(H)(13)).

F.

Private residential recreational facility (per Section 17.09.050(H)(14)).

G.

Drainage structure(per Section 17.09.050(H)(16)).

H.

Filling (per Section 17.09.050(H)(17)).

I.

Lawn care (per Section 17.09.050(H)(18)).

J.

Exterior communication devices (per Section 17.09.050(H)(20)).

K.

In-family suite (per Section (H)(22)).

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

A.

Intermediate day care home (nine to fifteen (15) children) (per Section 17.09.050(H)(11)).

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

A.

Outdoor assembly (per Section 17.09.050(I)(2)).

B.

Contractor's project office (per Section 17.09.050(I)(3)).

C.

Contractor's on-site equipment storage (per Section 17.09.050(I)(4)).

D.

On-site real estate sales office (per Section 17.09.050(I)(6)).

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

All uses shall meet the following minimum setback requirements:

A.

Street yard: Twenty (20) feet;

B.

Side yard: Nine feet each side yard;

C.

Rear yard: Twenty (20) feet.

D.

Detached accessory buildings shall be setback a minimum of three feet from all lot lines, except all accessory buildings that are adjacent to a public right-of-way must be ten feet from the lot line, except that if a vehicular door of an accessory structure faces a public right-of-way, the accessory structure must be twenty (20) feet from the rear lot line.

E.

Minimum paved surface setback: Three feet from side or rear, ten feet from street. (Ord. 145-2007 § 5 (part))

(Ord. No. 170-2009, § 23, 10-22-2009; Ord. No. 178-2009, § 5, 4-13-2010; Ord. No. 183-2009, § 23, 4-13-2010)

A.

All single-family dwellings shall not exceed the following maximum requirements:

1.

Principal buildings: Thirty-five (35) feet;

2.

Accessory structures: Twenty (20) feet.

B.

All other buildings or structures shall not exceed the following maximum requirements:

1.

Principal buildings or structures: Sixty (60) feet;

2.

Accessory structures: Twenty (20) feet.

(Ord. 145-2007 § 5 (part))

(Ord. No. 170-2009, § 24, 10-22-2009; ; Ord. No. 178-2009, § 5, 4-13-2010; Ord. No. 183-2009, § 24, 4-13-2010)

A.

Maximum Ground Coverage. The total ground area occupied by any principal building with all its accessory buildings shall not exceed thirty (30) percent of total lot area.

B.

Lot Requirements. All lots shall meet the following minimum requirements:

1.

Lot area: Eight thousand (8,000) square feet;

2.

Lot width: Sixty (60) feet.

C.

Parking and access regulations (see Chapter 17.12).

D.

Sign regulations (see Chapter 17.16).

(Ord. 145-2007 § 5 (part))

(Ord. No. 170-2009, § 24, 10-22-2009; Ord. No. 178-2009, § 5, 4-13-2010; Ord. No. 183-2009, § 24, 4-13-2010)

The intent of this district is to recognize the existing small lot residential development in the city of Juneau and to establish and preserve quiet residential neighborhoods as desired by large numbers of people, free from other uses except those which are both compatible with and convenient to the residents of such a district.

(Prior code § 10-4-47)

The following uses are permitted:

A.

Single-family detached (per Section 17.09.050(A)(1)).

B.

Twin house/duplex (per Sections 17.09.050(A)(2) and (A)(3)).

C.

Two-flat (per Section 17.04.050(A)(4)).

D.

Cultivation, continued (per Section 17.09.050(B)(1)).

E.

Selective cutting (per Section 17.09.050(B)(6)).

F.

Passive outdoor recreation (per Section 17.09.050(C)(1)).

G.

Active outdoor recreation (per Section 17.09.050(C)(2)).

H.

Public services and utilities (per Section 17.09.050(C)(5)).

I.

Community living arrangement (one to eight residents) (per Section 17.09.050(C)(7)).

J.

Community living arrangement (nine to fifteen (15) residents) (per Section 17.09.050(C)(8)).

(Ord. 160 § 1, 1992: prior code § 10-4-48)

(Ord. No. 170-2009, § 25, 10-22-2009; Ord. No. 183-2009, § 25, 4-13-2010; Ord. No. 186-2010, § 7, 8-26-2010)

The following uses may be permitted after review and approval by the city plan commission:

A.

Mobile home development or park (per Sections 17.04.050(A)(8), (A)(9), (A)(10)).

B.

Clear cutting (per Section 17.09.050(B)(7)).

C.

Bed and breakfast establishments (per Section 17.09.050(D)(12)).

D.

Group day care center (nine or more children) (per Section 17.09.050(D)(13)).

E.

Indoor institutional (per Section 17.09.050(C)(3)).

F.

Cultivation, reestablished or newly established (per Section 17.09.050(B)(1)).

G.

Community garden (per Section 17.09.050(B)(9)).

H.

Market garden (per Section 17.09.050(B)(10)).

(Ord. 90-2004 (part); prior code § 10-4-49)

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

A.

Farm residence (per Section 17.09.050(H)(2)).

B.

Detached residential garage, carport, utility shed, or lawn ornament (per Section 17.09.050(H)(3)).

C.

Home occupation (per Section 17.09.050(H)(9)).

D.

Family day care home (four to eight children) (per Section 17.09.050(H)(10)).

E.

On-site parking lot (per Section 17.09.050(H)(13)).

F.

Private residential recreational facility (per Section 17.09.050(H)(14)).

G.

Drainage structure (per Section 17.09.050(H)(16)).

H.

Filling (per Section 17.09.050(H)(17)).

I.

Lawn care (per Section 17.09.050(H)(18)).

J.

Exterior communication devices (per Section 17.09.050(H)(20)).

K.

In-family suite (per Section 17.09.050(H)(22)).

(Ord. No. 170-2009, § 27, 10-22-2009; Ord. No. 183-2009, § 27, 4-13-2010)

A.

Intermediate day care home (nine to fifteen (15) children) (per Section 17.09.050(H)(11)).

(Ord. No. 170-2009, § 27, 10-22-2009; Ord. No. 183-2009, § 27, 4-13-2010)

A.

Outdoor assembly (per Section 17.09.050(I)(2)).

B.

Contractor's project office (per Section 17.09.050(I)(3)).

C.

Contractor's on-site equipment storage (per Section 17.09.050(I)(4)).

D.

On-site real estate sales office (per Section 17.09.050(I)(6)).

(Ord. No. 170-2009, § 27, 10-22-2009; Ord. No. 183-2009, § 27, 4-13-2010)

All uses shall meet the following minimum setback requirements:

A.

Street yard: Twenty (20) feet;

B.

Side yard: The width of each side yard shall not be less than nine feet;

C.

Rear yard: Twenty (20) feet;

D.

Detached accessory buildings shall be setback a minimum of three feet from all lot lines, except all accessory buildings that are adjacent to a public right-of-way must be ten feet from the lot line, except that if a vehicular door of an accessory structure faces a public right-of-way, the accessory structure must be twenty (20) feet from the rear lot line.

E.

Minimum paved surface setback: Three feet from side or rear, ten feet from street.

(Ord. 125-2006 (part); Ord. 125-2005 (part); prior code § 10-4-50)

(Ord. No. 170-2009, § 28, 10-22-2009; Ord. No. 183-2009, § 28, 4-13-2010)

A.

All single-family and two-family dwellings and their accessory structures shall not exceed the following maximum requirements:

1.

Principal buildings: Thirty-five (35) feet;

2.

Accessory structures: Twenty (20) feet.

B.

All other buildings or structures shall not exceed the following maximum requirements:

1.

Principal buildings or structures: Sixty (60) feet;

2.

Accessory structures: Twenty (20) feet.

(Prior code § 10-4-51)

A.

Maximum Ground Coverage. The total ground area occupied by any principal building with all its accessory buildings shall not exceed thirty (30) percent of total lot area;

B.

Lot Requirements. All lots shall meet the following minimum requirements:

1.

Lot area: Eight thousand (8,000) square feet;

2.

a.

Lot width: Sixty (60) feet;

b.

Lot width, side by side single-family attached dwellings with one common wall and lot line: Fifty (50) feet for each unit throughout the required lot area;

3.

Lot area per dwelling unit: Four thousand five hundred (4,500) square feet;

C.

Parking and access regulations (see Chapter 17.12);

D.

Sign regulations (see Chapter 17.16).

(Ord. 160 § 2, 1992: prior code § 10-4-52)

It is the intent of this district to establish and preserve medium density residential developments in the city of Juneau and to establish and preserve quiet multiple-family neighborhoods free from other uses except those which are both compatible with and convenient to the residents of such a district.

(Prior code § 10-4-53)

The following uses are permitted:

A.

Twin house/duplex (per Sections 17.09.050(A)(2) and (A)(3)).

B.

Two-flat (per Section 17.09.050(A)(4)).

C.

Townhouse (three- to four-unit building) (per Section 17.09.050(A)(5)).

D.

Multiplex (three- to four-unit building) (per Section 17.09.050(A)(5)).

E.

Apartment (three- to four-unit building) (per Section 17.09.050(A)(5)).

F.

Cultivation, continued (per Section 17.09.050(B)(1)).

G.

Selective cutting (per Section 17.09.050(B)(6)).

H.

Passive outdoor recreation (per Section 17.09.050(C)(1)).

I.

Active outdoor recreation (per Section 17.09.050(C)(2)).

J.

Public services and utilities (per Section 17.09.050(C)(5)).

K.

Community living arrangement (one to eight residents) (per Section 17.09.050(C)(7)).

L.

Community living arrangement (nine to fifteen (15) residents) (per Section 17.09.050(C)(8)).

(Ord. 46-2002; prior code § 10-4-54)

(Ord. No. 170-2009, § 29, 10-22-2009; Ord. No. 183-2009, § 29, 4-13-2010; Ord. No. 186-2010, § 9, 8-26-2010)

The following uses may be permitted after review and approval by the city plan commission:

A.

Townhouse (five- to eight-unit building) (per Section 17.09.050(A)(5)).

B.

Multiplex (five- to eight-unit building) (per Section 17.09.050(A)(6)).

C.

Apartment (five- to eight-unit building) (per Section 17.09.050(A)(7)).

D.

Clear cutting (per Section 17.09.050(B)(7)).

E.

Community living arrangement (sixteen (16) or more residents) (per Section 17.09.050(C)(9)).

F.

Group day care center (nine or more children) (per Section 17.09.050(D)(13)).

G.

Boarding house (per Section 17.09.050(D)(15)).

H.

Indoor Institutional (per Section 17.09.050(C)(3)).

I.

Institutional residential development (per Section 17.09.050(C)(6)).

J.

Cultivation, reestablished or newly established (per Section 17.09.050(B)(1)).

K.

Community garden (per Section 17.09.050(B)(9)).

L.

Market garden (per Section 17.09.050(B)(10)).

Note: All group and large developments are subject to a conditional use permit per Section 17.09.060.

(Ord. 90-2004 (part); prior code § 10-4-55)

(Ord. No. 170-2009, § 30, 10-22-2009; Ord. No. 183-2009, § 30, 4-13-2010; Ord. No. 186-2010, § 10, 8-26-2010)

A.

Farm residence (per Section 17.09.050(H)(2)).

B.

Detached residential garage, carport, utility shed, or lawn ornament (per Section 17.09.050(H)(3)).

C.

Home occupation (per Section 17.09.050(H)(9)).

D.

Family day care home (four to eight children) (per Section 17.09.050(H)(10)).

E.

On-site parking lot (per Section 17.09.050(H)(13)).

F.

Private residential recreational facility (per Section 17.09.050(H)(14)).

G.

Drainage structure (per Section 17.09.050(H)(16)).

H.

Filling (per Section 17.09.050(H)(17)).

I.

Lawn care (per Section 17.09.050(H)(18)).

J.

Exterior communication devices (per Section 17.09.050(H)(20)).

K.

In-family suite (per Section 17.09.050(H)(22)).

(Ord. No. 170-2009, § 31, 10-22-2009; Ord. No. 183-2009, § 31, 4-13-2010)

A.

Intermediate day care home (nine to fifteen (15) children) (per Section 17.09.050(H)(11)).

(Ord. No. 170-2009, § 31, 10-22-2009; Ord. No. 183-2009, § 31, 4-13-2010)

A.

Outdoor assembly (per Section 17.09.050(I)(2)).

B.

Contractor's project office (per Section 17.09.050(I)(3)).

C.

Contractor's on-site equipment storage (per Section 17.09.050(I)(4)).

D.

On-site real estate sales office (per Section 17.09.050(I)(6)).

(Ord. No. 170-2009, § 31, 10-22-2009; Ord. No. 183-2009, § 31, 4-13-2010)

All uses shall meet the following minimum setback requirements:

A.

Street yard: Twenty-five (25) feet;

B.

Side yard: Ten feet (each side yard);

C.

Rear yard: Twenty-five (25) feet;

D.

Detached accessory buildings shall be setback a minimum of three feet from all lot lines, except all accessory buildings that are adjacent to a public right-of-way must be ten feet from the lot line, except that if a vehicular door of an accessory structure faces a public right-of-way, the accessory structure must be twenty (20) feet from the rear lot line.

E.

Minimum paved surface setback: Five feet from side or rear, ten feet from street.

(Ord. 125-2006 (part); prior code § 10-4-56)

(Ord. No. 170-2009, § 32, 10-22-2009; Ord. No. 183-2009, § 32, 4-13-2010)

A.

All two-family and multifamily dwellings and boardinghouses and their accessory structures shall not exceed the following maximum requirements:

1.

Principal building: Thirty-five (35) feet;

2.

Accessory structures: Twenty (20) feet.

B.

All other buildings or structures shall not exceed the following maximum requirements:

1.

Principal buildings or structures: Sixty (60) feet;

2.

Accessory structures: Fifteen (15) feet.

(Prior code § 10-4-57)

A.

Maximum Ground Coverage. The total ground area occupied by any principal building with all its accessory buildings shall not exceed thirty (30) percent of total lot area;

B.

Lot Requirements. All uses shall meet the following minimum lot requirements:

1.

Lot area: Nine thousand (9,000) square feet;

2.

Lot width: Sixty-five (65) feet;

3.

Lot area per dwelling unit: Four thousand five hundred (4,500) square feet;

C.

Parking and access regulations (see Chapter 17.12);

D.

Sign regulations (see Chapter 17.16).

(Prior code § 10-4-58)

O-1 neighborhood office district architectural and operational requirements:

A.

Maximum zoning district area shall be four acres;

B.

To ensure that neighborhood offices and businesses are clustered in nodes, there shall be a minimum of five hundred (500) feet between O-1 districts separated by another zoning district, or between lots zoned O-1 that are separated by lots zoned something other than O-1.

C.

For non-residential uses only, the following regulations shall also apply:

1.

Maximum building size shall not exceed five thousand (5,000) square feet (one-story); ten thousand (10,000) square feet (two-story).

2.

No parking in required setbacks for principal buildings.

3.

Residential architectural and landscaping requirements include: Foundation planting; residential roof materials such as shingles; minimum fifteen (15) percent window covering; and acceptable exterior materials, including wood, cement board, vinyl siding, brick, decorative block, stone, and other materials approved by the plan commission.

4.

Minimum landscape coverage shall be forty (40) percent.

5.

Operating hours: No earlier than seven a.m. or later than nine p.m., unless otherwise extended by a granting of a conditional use permit.

6.

Shall provide a neighborhood-oriented amenity, per plan commission direction (i.e., outdoor neighborhood gathering area, public art, etc.).

(Ord. 145-2007 § 9 (part))

(Ord. No. 170-2009, § 33, 10-22-2009; Ord. No. 178-2009, § 9, 4-13-2010; Ord. No. 183-2009, § 33, 4-13-2010)

The following uses are permitted:

A.

Single-family detached (per Section 17.09.050(A)(1)).

B.

Office (per Section 17.09.050(D)(1)).

C.

Personal or professional services (per Section 17.09.050(D)(2)).

D.

Cultivation, continued (per Section 17.09.050(B)(1)).

E.

Selective cutting (per Section 17.09.050(B)(6)).

F.

Passive outdoor recreation (per Section 17.09.050(C)(1)).

G.

Active outdoor recreation (per Section 17.09.050(C)(2)).

(Ord. 145-2007 § 9 (part))

(Ord. No. 170-2009, § 34, 10-22-2009; Ord. No. 178-2009, § 9, 4-13-2010; Ord. No. 183-2009, § 34, 4-13-2010; Ord. No. 186-2010, § 11, 8-26-2010)

The following uses may be permitted after review and approval by the city plan commission:

A.

Clear cutting (per Section 17.09.050(B)(7)).

B.

Community living arrangement (one to eight residents) (per Section 17.09.050(C)(7)).

C.

Community living arrangement (nine to 15 residents) (per Section 17.09.050(C)(8)).

D.

Community living arrangement (sixteen (16) or more residents) (per Section 17.09.050(C)(9)).

E.

Indoor sales and service (per Section 17.09.050(D)(3)).

F.

Indoor commercial entertainment (per Section 17.09.050(D)(8)).

G.

Bed and breakfast establishments (per Section 17.09.050(D)(12)).

H.

Group day care center (nine or more children) (per Section 17.09.050(D)(13)).

I.

Indoor institutional (per Section 17.09.050(C)(3)).

J.

Institutional residential development (per Section 17.09.050(C)(6)).

K.

Public services and utilities (per Section 17.09.050(C)(5)).

L.

Cultivation, reestablished or newly established (per Section 17.09.050(B)(1)).

M.

Community garden (per Section 17.09.050(B)(9)).

N.

Market garden (per Section 17.09.050(B)(10)).

Note: All group and large developments are subject to a conditional use permit per Section 17.09.060.

(Ord. 145-2007 § 9 (part))

(Ord. No. 170-2009, § 35, 10-22-2009; Ord. No. 178-2009, § 9, 4-13-2010; Ord. No. 183-2009, § 35, 4-13-2010; Ord. No. 186-2010, § 12, 8-26-2010)

A.

Farm residence (per Section 17.09.050(H)(2)).

B.

Detached residential garage, carport, utility shed, or lawn ornament (per Section 17.09.050(H)(3)).

C.

Company provided on-site recreation—Without exterior lighting (per Section 17.09.050(H)(5)).

D.

Home occupation (per Section 17.09.050(H)(9)).

E.

On-site parking lot (per Section 17.09.050(H)(13)).

F.

Private residential recreational facility (per Section 17.09.050(H)(14)).

G.

Drainage structure (per Section 17.09.050(H)(16)).

H.

Filling (per Section 17.09.050(H)(17)).

I.

Lawn care (per Section 17.09.050(H)(18)).

J.

Exterior communication (per Section 17.09.050(H)(20)).

(Ord. No. 170-2009, § 39, 10-22-2009; Ord. No. 183-2009, § 39, 4-13-2010)

A.

Upper storey dwelling unit (per Section 17.09.050(H)(1)).

B.

Company provided on-site recreation—With exterior lighting (per Section 17.09.050(H)(5)).

C.

Drive-in sales and service incidental to on-site principal land use (per Section 17.09.050(H)(23)).

(Ord. No. 170-2009, § 39, 10-22-2009; Ord. No. 183-2009, § 39, 4-13-2010)

A.

Outdoor assembly (per Section 17.09.050(I)(2)).

B.

Contractor's project office (per Section 17.09.050(I)(3)).

C.

Contractor's on-site equipment storage (per Section 17.09.050(I)(4)).

D.

Relocatable building (per Section 17.09.050(I)(5)).

E.

On-site real estate sales office (per Section 17.09.050(I)(6)).

(Ord. No. 170-2009, § 39, 10-22-2009; Ord. No. 183-2009, § 39, 4-13-2010)

All uses shall meet the following minimum setback requirements:

A.

Street yard: Twenty (20) feet;

B.

Side yard: Fifteen (15) feet each side yard;

C.

Rear yard: Twenty (20) feet.

D.

Detached accessory buildings shall be setback a minimum of three feet from all lot lines, except all accessory buildings that are adjacent to a public right-of-way must be ten feet from the lot line, except that if a vehicular door of an accessory structure faces a public right-of-way, the accessory structure must be twenty (20) feet from the rear lot line.

E.

Minimum paved surface setback: Five feet from side or rear, ten feet from street.

(Ord. 145-2007 § 9 (part))

(Ord. No. 170-2009, § 36, 10-22-2009; Ord. No. 178-2009, § 9, 4-13-2010; Ord. No. 183-2009, § 36, 4-13-2010)

A.

All single-family dwellings shall not exceed the following maximum requirements:

1.

Principal buildings: Thirty-five (35) feet;

2.

Accessory structures: Twenty (20) feet.

B.

All other buildings or structures shall not exceed the following maximum requirements:

1.

Principal buildings or structures: Sixty (60) feet;

2.

Accessory structures: Twenty (20) feet.

(Ord. 145-2007 § 9 (part))

(Ord. No. 170-2009, § 37, 10-22-2009; Ord. No. 178-2009, § 9, 4-13-2010; Ord. No. 183-2009, § 37, 4-13-2010)

A.

The total ground area occupied by any principal building with all its accessory buildings shall not exceed thirty (30) percent of total lot area;

B.

Minimum landscape coverage: Forty (40) percent.

C.

Lot requirements: All lots shall meet the following minimum requirements:

1.

Lot area: Eight thousand (8,000) square feet.

2.

Lot width: Sixty (60) feet.

3.

Maximum building size shall not exceed five thousand (5,000) square feet (one-story); ten thousand (10,000) square feet (two-story).

D.

Parking, loading, and access regulations (see Chapter 17.12).

(Ord. 145-2007 § 9 (part))

(Ord. No. 170-2009, § 38, 10-22-2009; Ord. No. 178-2009, § 9, 4-13-2010; Ord. No. 183-2009, § 38, 4-13-2010)

It is the intent of this district to provide for the maintenance and alteration of existing buildings and for the construction of new, clean, inoffensive business and professional offices and multiple-family residential buildings.

(Ord. 145-2007 § 2 (part); prior code § 10-4-59)

The following uses are permitted:

A.

Cultivation, continued (per Section 17.09.050(B)(1)).

B.

Selective cutting (per Section 17.09.050(B)(6)).

C.

Passive outdoor recreation (per Section 17.09.050(C)(1)).

D.

Active outdoor recreation (per Section 17.09.050(C)(2)).

E.

Office (per Section 17.09.050(D)(1)).

F.

Personal or professional services (per Section 17.09.050(D)(2)).

G.

Artisan studio (per Section 17.09.050(D)(18)).

(Ord. 145-2007 § 2 (part); prior code § 10-4-60)

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

The following uses may be permitted after review and approval by the city plan commission:

A.

Clear cutting (per Section 17.09.050(B)(7)).

B.

Community living arrangement (one to eight residents) (per Section 17.09.050(C)(7)).

C.

Community living arrangement (nine to fifteen (15) residents) (per Section 17.09.050(C)(8)).

D.

Community living arrangement (sixteen (16) or more residents) (per Section 17.09.050(C)(9)).

E.

Indoor sales and service (per Section 17.09.050(D)(3)).

F.

Drive-in sales or service (per Section 17.09.050(D)(7)).

G.

Indoor commercial entertainment (per Section 17.09.050(D)(8)).

H.

Commercial indoor lodging (per Section 17.09.050(D)(11)).

I.

Group day care center (nine or more children) (per Section 17.09.050(D)(13)).

J.

Airport/heliport (per Section 17.09.050(F)(2)).

K.

Indoor institutional (per Section 17.09.050(C)(3)).

L.

Institutional residential development (per Section 17.09.050(C)(6)).

M.

Public services and utilities (per Section 17.09.050(C)(5)).

N.

Cultivation, reestablished or newly established (per Section 17.09.050(B)(1)).

O.

Community garden (per Section 17.09.050(B)(9)).

P.

Market garden (per Section 17.09.050(B)(10)).

Note: All group and large developments are subject to a conditional use permit per Section 17.09.060.

(Ord. 145-2007 § 2 (part); Ord. 90-2004 (part); prior code § 10-4-61)

(Ord. No. 170-2009, § 41, 10-22-2009; Ord. No. 183-2009, § 41, 4-13-2010; Ord. No. 186-2010, § 14, 8-26-2010)

A.

Farm residence (per Section 17.09.050(H)(2)).

B.

Detached residential garage, carport, utility shed, or lawn ornament (per Section 17.09.050(H)(3)).

C.

Company cafeteria (per Section 17.09.050(H)(4)).

D.

Company provided on-site recreation—Without exterior lighting (per Section 17.09.050(H)(5)).

E.

Home occupation (per Section 17.09.050(H)(9)).

F.

On-site parking lot (per Section 17.09.050(H)(13)).

G.

Private residential recreational facility (per Section 17.09.050(H)(14)).

H.

Drainage structure (per Section 17.09.050(H)(16)).

I.

Filling (per Section 17.09.050(H)(17)).

J.

Lawn care (per Section 17.09.050(H)(18)).

K.

Exterior communication devices (per Section 17.09.050(H)(20)).

(Ord. No. 183-2009, § 42, 4-13-2010)

A.

Drive-in sales and service incidental to on-site principal land use (per Section 17.09.050(H)(23)).

B.

Company provided on-site recreation—With exterior lighting (per Section 17.09.050(H)(5)).

(Ord. No. 170-2009, § 42, 10-22-2009; Ord. No. 183-2009, § 42, 4-13-2010)

A.

Outdoor assembly (per Section 17.09.050(I)(2)).

B.

Contractor's project office (per Section 17.09.050(I)(3)).

C.

Contractor's on-site equipment storage (per Section 17.09.050(I)(4)).

D.

Relocatable building (per Section 17.09.050(I)(5)).

E.

On-site real estate sales office (per Section 17.09.050(I)(6)).

(Ord. No. 170-2009, § 42, 10-22-2009; Ord. No. 183-2009, § 42, 4-13-2010)

A.

All other uses shall meet the following minimum setback requirements:

1.

Street yard: Thirty (30) feet;

2.

Side yard: Fifteen (15) feet (each side yard);

3.

Rear yard: Thirty (30) feet.

B.

Detached accessory buildings shall be setback a minimum of three feet from all lot lines, except all accessory buildings that are adjacent to a public right-of-way must be ten feet from the lot line, except that if a vehicular door of an accessory structure faces a public right-of-way, the accessory structure must be twenty (20) feet from the rear lot line.

C.

Minimum paved surface setback: Five feet from side or rear, ten feet from street.

(Ord. 145-2007 § 2 (part); Ord. 125-2006 (part); prior code § 10-4-62)

(Ord. No. 170-2009, § 43, 10-22-2009; Ord. No. 183-2009, § 43, 4-13-2010)

All buildings or structures shall not exceed the following maximum requirements:

A.

Principal building or structure: Seventy-five (75) feet;

B.

Accessory building or structure: Fifteen (15) feet.

(Ord. 145-2007 § 2 (part); prior code § 10-4-63)

A.

Maximum Ground Coverage. The total ground area occupied by any principal building with all its accessory buildings shall not exceed forty (40) percent of total lot area;

B.

Minimum landscape Coverage: Twenty-five (25) percent.

C.

Lot Requirements. All uses shall meet the following minimum requirements:

1.

Lot area: Twenty thousand (20,000) square feet;

2.

Lot width: One hundred (100) feet.

D.

Parking and access regulations (see Chapter 17.12).

E.

Sign regulations (see Chapter 17.16).

(Ord. 145-2007 § 2 (part); prior code § 10-4-64)

(Ord. No. 170-2009, § 44, 10-22-2009; Ord. No. 183-2009, § 44, 4-13-2010; Ord. No. 186-2010, § 15, 8-26-2010)

This district would allow the transition from homes to business uses in residential areas, providing both convenience-oriented goods and services, without having to tear down the existing home or disrupt the residential character of the neighborhood.

B-1 neighborhood business district architectural and operational requirements:

A.

Maximum zoning district area shall be four acres.

B.

To ensure that neighborhood businesses are clustered in nodes, there shall be a minimum of five hundred (500) feet between B-1 districts separated by another zoning district, or between lots zoned B-1 that are separated by lots zoned something other than B-1.

C.

For non-residential uses only, the following regulations shall also apply:

1.

Maximum building size shall not exceed five thousand (5,000) square feet (one-story); ten thousand (10,000) square feet (two-story).

2.

No parking in required setbacks for principal buildings.

3.

Residential architectural and landscaping requirements include: Foundation planting; residential roof materials such as shingles; minimum fifteen (15) percent window covering; and acceptable exterior materials, including wood, cement board, vinyl siding, brick, decorative block, stone, and other materials approved by the plan commission.

4.

Minimum landscape coverage shall be forty (40) percent.

5.

Operating hours: No earlier than seven a.m. or later than nine p.m., unless otherwise extended by a granting of a conditional use permit.

6.

Shall provide a neighborhood-oriented amenity, per plan commission direction (i.e., outdoor neighborhood gathering area, public art, etc.).

(Prior code § 10-4-65)

(Ord. No. 170-2009, § 45, 10-22-2009; Ord. No. 183-2009, § 45, 4-13-2010)

The following uses are permitted:

A.

Single-family detached (per Section 17.09.050(A)(1)).

B.

Office (per Section 17.09.050(D)(1)).

C.

Personal or professional services (per Section 17.09.050(D)(2)).

D.

Indoor sales and service (per Section 17.09.050(D)(3)).

E.

Indoor maintenance service (per Section 17.09.050(D)(5)).

F.

Cultivation, continued (per Section 17.09.050(B)(1)).

G.

Selective cutting (per Section 17.09.050(B)(6)).

H.

Passive outdoor recreation (per Section 17.09.050(C)(1)).

I.

Active outdoor recreation (per Section 17.09.050(C)(2)).

J.

Artisan studio (per Section 17.09.050(D)(18)).

(Prior code § 10-4-66)

(Ord. No. 170-2009, § 46, 10-22-2009; Ord. No. 183-2009, § 46, 4-13-2010; Ord. No. 186-2010, § 16, 8-26-2010)

The following uses may be permitted after review and approval by the city plan commission:

A.

Community living arrangement (one to eight residents) (per Section 17.09.050(C)(7)).

B.

Community living arrangement (nine to fifteen (15) residents) (per Section 17.09.050(C)(8)).

C.

Community living arrangement (sixteen (16) or more residents) (per Section 17.09.050(C)(9)).

D.

Drive-in sales or service (per Section 17.09.050(D)(7)).

E.

Indoor commercial entertainment (per Section 17.09.050(D)(8)).

F.

Bed and breakfast establishments (per Section 17.09.050(D)(12)).

G.

Group day care center (nine or more children) (per Section 17.09.050(D)(13)).

H.

Clear cutting (per Section 17.09.050(B)(7)).

I.

Indoor institutional (per Section 17.09.050(C)(3)).

J.

Public services and utilities (per Section 17.09.050(C)(5)).

K.

Cultivation, reestablished or newly established (per Section 17.09.050(B)(1)).

L.

Greenhouse-commercial (per Section 17.09.50(D)(20)).

M.

Community garden (per Section 17.09.050(B)(9)).

N.

Market garden (per Section 17.09.050(B)(10)).

Note: All group and large developments are subject to a conditional use permit per Section 17.09.060.

(Ord. 90-2004 (part); prior code § 10-4-67)

(Ord. No. 170-2009, § 47, 10-22-2009; Ord. No. 183-2009, § 47, 4-13-2010; Ord. No. 186-2010, § 17, 8-26-2010)

A.

Farm residence (per Section 17.09.050(H)(2)).

B.

Detached residential garage, carport, utility shed, or lawn ornament (per Section 17.09.050(H)(3)).

C.

Home occupation (per Section 17.09.050(H)(9)).

D.

On-site parking lot (per Section 17.09.050(H)(13)).

E.

Private residential recreational facility (per Section 17.09.050(H)(14)).

F.

Drainage structure (per Section 17.09.050(H)(16)).

G.

Filling (per Section 17.09.050(H)(17)).

H.

Lawn care (per Section 17.09.050(H)(18)).

I.

Exterior communication devices (per Section 17.09.050(H)(20)).

J.

Company provided on-site recreation—Without exterior lighting (per Section 17.09.050(H)(5)).

(Ord. No. 170-2009, § 48, 10-22-2009; Ord. No. 183-2009, § 48, 4-13-2010)

A.

Upper storey dwelling unit (per Section 17.09.050(H)(1)).

B.

Drive-in sales and service incidental to on-site principal land use (per Section 17.09.050(H)(23)).

C.

Light industrial activities incidental to indoor sales (per Section 17.09.050(H)(8)).

D.

Company provided on-site recreation—With exterior lighting (per Section 17.09.050(H)(5)).

(Ord. No. 170-2009, § 48, 10-22-2009; Ord. No. 183-2009, § 48, 4-13-2010)

A.

General temporary outdoor sales (per Section 17.09.050(I)(1)).

B.

Outdoor assembly (per Section 17.09.050(I)(2)).

C.

Contractor's project office (per Section 17.09.050(I)(3)).

D.

Contractor's on-site equipment storage (per Section 17.09.050(I)(4)).

E.

Relocatable building (per Section 17.09.050(I)(5)).

F.

On-site real estate sales office (per Section 17.09.050(I)(6)).

G.

Outdoor sales of farm products (per Section 17.09.050(I)(7)).

(Ord. No. 170-2009, § 48, 10-22-2009; Ord. No. 183-2009, § 48, 4-13-2010)

All uses shall meet the following minimum setback requirements:

A.

Street yard: Twenty (20) feet;

B.

Side yard: Fifteen (15) feet (each side yard);

C.

Rear yard: Twenty (20) feet;

D.

Detached accessory buildings shall be setback a minimum of three feet from all lot lines, except all accessory buildings that are adjacent to a public right-of-way must be ten feet from the lot line, except that if a vehicular door of an accessory structure faces a public right-of-way, the accessory structure must be twenty (20) feet from the rear lot line.

E.

Minimum paved surface setback: Five feet from side or rear, ten feet from street.

(Ord. 125-2006 (part); prior code § 10-4-68)

(Ord. No. 170-2009, § 50, 10-22-2009; Ord. No. 183-2009, § 50, 4-13-2010)

All buildings or structures shall not exceed thirty-five (35) feet.

(Prior code § 10-4-69)

A.

The total ground area occupied by any principal building with all its accessory buildings shall not exceed thirty (30) percent of total lot area.

B.

Minimum landscape coverage: Forty (40) percent.

C.

Parking, loading and access regulations (see Chapter 17.12).

D.

Sign regulations (see Chapter 17.16).

(Prior code § 10-4-70)

(Ord. No. 170-2009, § 51, 10-22-2009; Ord. No. 183-2009, § 51, 4-13-2010)

The intent of this district is to provide for the orderly continuation of the traditional central business district in the city of Juneau. The business activities are of a more general nature and are characterized by on-street parking. While continuing these existing businesses at their present levels of service, new business structures located in the B-2 central business district are required to provide off-street parking and loading.

(Prior code § 10-4-71)

The following uses are permitted:

A.

Office (per Section 17.09.050(D)(1)).

B.

Personal or professional services (per Section 17.09.050(D)(2)).

C.

Indoor sales or service (per Section 17.09.050(D)(3)).

D.

Indoor maintenance service (per Section 17.09.050(D)(5)).

E.

Off-site parking lot (per Section 17.09.050(F)(1)).

F.

Public services and utilities (per Section 17.09.050(C)(5)).

G.

Cultivation, continued (per Section 17.09.050(B)(1)).

H.

Selective cutting (per Section 17.09.050(B)(6)).

I.

Passive outdoor recreation (per Section 17.09.050(C)(1)).

J.

Active outdoor recreation (per Section 17.09.050(C)(2)).

K.

Artisan studio (per Section 17.09.050(D)(18)).

(Prior code § 10-4-72)

(Ord. No. 170-2009, § 52, 10-22-2009; Ord. No. 183-2009, § 52, 4-13-2010; Ord. No. 186-2010, § 18, 8-26-2010)

The following uses may be permitted after review and approval by the city plan commission:

A.

Indoor institutional (per Section 17.09.050(C)(3)).

B.

Outdoor institutional (per Section 17.09.050(C)(4)).

C.

Institutional residential development (per Section 17.09.050(C)(6)).

D.

Drive-in sales and service (per Section 17.09.050(D)(7)).

E.

Indoor commercial entertainment (per Section 17.09.050(D)(8)).

F.

Outdoor commercial entertainment (per Section 17.09.050(D)(9))

G.

Commercial indoor lodging (per Section 17.09.050(D)(11)).

H.

Bed and breakfast establishments (per Section 17.09.050(D)(12)).

I.

Group day care center (nine or more children) (per Section 17.09.050(D)(13)).

J.

Clear cutting (per Section 17.09.050(B)(7)).

K.

Adult entertainment establishment (per Section 17.09.050(D)(16)).

L.

Artisan production shop (per Section 17.09.050(D)(19)).

M.

Cultivation, reestablished or newly established (per Section 17.09.050(B)(1)).

N.

Community garden (per Section 17.09.050(B)(9)).

O.

Market garden (per Section 17.09.050(B)(10)).

Note: All group and large developments are subject to a conditional use permit per Section 17.09.060.

(Ord. 90-2004 (part); Ord. 82-2003 (part); Ord. 78-2003; prior code § 10-4-73)

(Ord. No. 170-2009, § 53, 10-22-2009; Ord. No. 183-2009, § 53, 4-13-2010; Ord. No. 186-2010, § 19, 8-26-2010)

A.

Upper storey dwelling unit (per Section 17.09.050(H)(1)).

B.

Detached residential garage, carport, utility shed, or lawn ornament (per Section 17.09.050(H)(3)).

C.

Company cafeteria (per Section 17.09.050(H)(4)).

D.

Company provided on-site recreation—Without exterior lighting (per Section 17.09.050(H)(5)).

E.

Home occupation (per Section 17.09.050(H)(9)).

F.

On-site parking lot (per Section 17.09.050(H)(13)).

G.

Private residential recreational facility (per Section 17.09.050(H)(14)).

H.

Drainage structure (per Section 17.09.050(H)(16)).

I.

Filling (per Section 17.09.050(H)(17)).

J.

Lawn care (per Section 17.09.050(H)(18)).

K.

Exterior communication (per Section 17.09.050(H)(20)).

(Ord. No. 170-2009, § 54, 10-22-2009; Ord. No. 183-2009, § 54, 4-13-2010)

A.

Drive-in sales and service incidental to on-site principal land use (per Section 17.09.050(H)(23)).

B.

Light industrial activities incidental to indoor sales (per Section 17.09.050(H)(8)).

C.

Company provided on-site recreation—With exterior lighting (per Section 17.09.050(H)(5)).

(Ord. No. 170-2009, § 54, 10-22-2009; Ord. No. 183-2009, § 54, 4-13-2010)

A.

General temporary outdoor sales (per Section 17.09.050(I)(1)).

B.

Outdoor assembly (per Section 17.09.050(I)(2)).

C.

Contractor's project office (per Section 17.09.050(I)(3)).

D.

Contractor's on-site equipment storage (per Section 17.09.050(I)(4)).

E.

Relocatable building (per Section 17.09.050(I)(5)).

F.

On-site real estate sales office (per Section 17.09.050(I)(6)).

G.

Outdoor sales of farm products (per Section 17.09.050(I)(7)).

(Ord. No. 170-2009, § 54, 10-22-2009; Ord. No. 183-2009, § 54, 4-13-2010)

All uses shall meet the following minimum setback requirements:

A.

Street yard: Minimum: Zero feet; maximum zero feet, except by conditional use permit.

B.

Side yard: Minimum: Zero feet; maximum zero feet, except by conditional use permit.

C.

Rear yard: Thirty (30) feet.

D.

Detached accessory buildings shall be setback a minimum of three feet from all lot lines, except all accessory buildings that are adjacent to a public right-of-way must be ten feet from the lot line, except that if a vehicular door of an accessory structure faces a public right-of-way, the accessory structure must be twenty (20) feet from the rear lot line.

E.

Minimum paved surface setback: Zero feet, except if the plan commission determines an increased pavement setback is an essential component of site design.

(Ord. 125-2006 (part); prior code § 10-4-74)

(Ord. No. 170-2009, § 55, 10-22-2009; Ord. No. 183-2009, § 55, 4-13-2010)

All buildings or structures shall not exceed forty-five (45) feet or three stories.

(Prior code § 10-4-75)

A.

Maximum Ground Coverage. The total ground area occupied by any principal building with all its accessory buildings shall not exceed seventy-five (75) percent of total lot area.

B.

[Reserved].

C.

Parking, loading and access regulations (see Chapter 17.12).

D.

Sign regulations (see Chapter 17.16); the off-street parking requirements of this chapter shall be waived in the B-2 central business district. (Prior code § 10-4-76)

(Ord. No. 170-2009, § 56, 10-22-2009; Ord. No. 183-2009, § 56, 4-13-2010)

The intent of this district is to accommodate those businesses and retail uses which provide merchandise and services desired by motorists, directly from or for motor vehicles.

(Ord. 145-2007 § 3 (part); prior code § 10-4-77)

The following uses are permitted:

A.

Cultivation, continued (per Section 17.09.050(B)(1)).

B.

Selective cutting (per Section 17.09.050(B)(6)).

C.

Passive outdoor recreation (per Section 17.09.050(C)(1)).

D.

Active outdoor recreation (per Section 17.09.050(C)(2)).

E.

Indoor maintenance service (per Section 17.09.050(D)(5)).

F.

Office (per Section 17.09.050(D)(1)).

G.

Personal or professional services (per Section 17.09.050(D)(2)).

H.

Indoor sales or service (per Section 17.09.050(D)(3)).

I.

Artisan studio (per Section 17.09.050(D)(18)).

J.

Artisan production shop (per Section 17.09.050(D)(19)).

(Ord. 145-2007 §§ 3 (part), 7; prior code § 10-4-78)

(Ord. No. 170-2009, § 57, 10-22-2009; Ord. No. 178-2009, § 7, 4-13-2010; Ord. No. 183-2009, § 57, 4-13-2010; Ord. No. 186-2010, § 20, 8-26-2010)

The following uses may be permitted after review and approval by the city plan commission:

A.

Clear cutting (per Section 17.09.050(B)(7)).

B.

Outdoor display (per Section 17.09.050(D)(4)).

C.

Drive-in sales and service (per Section 17.09.050(D)(7)).

D.

Indoor commercial entertainment (per Section 17.09.050(D)(8)).

E.

Commercial animal boarding (per Section 17.09.050(D)(10)).

F.

Commercial indoor lodging (per Section 17.09.050(D)(11)).

G.

Bed and breakfast establishments (per Section 17.09.050(D)(12)).

H.

Group day care center (nine or more children) (per Section 17.09.050(D)(13)).

I.

Vehicle repair and maintenance service (per Section 17.09.050(D)(17)).

J.

Outdoor commercial entertainment (per Section 17.09.050(D)(9)).

K.

Public services and utilities (per Section 17.09.050(C)(5)).

L.

Boarding house (per Section 17.09.050(D)(15)).

M.

Cultivation, reestablished or newly established (per Section 17.09.050(B)(1)).

N.

Greenhouse-commercial (per Section 17.09.050(D)(20)).

O.

Community garden (per Section 17.09.050(B)(9)).

P.

Market garden (per Section 17.09.050(B)(10)).

Note: All group and large developments are subject to a conditional use permit per Section 17.09.060.

(Ord. 145-2007 §§ 3 (part), 8; Ord. 90-2004 (part); prior code § 10-4-79)

(Ord. No. 170-2009, § 58, 10-22-2009; Ord. No. 178-2009, § 8, 4-13-2010; Ord. No. 183-2009, § 58, 4-13-2010; Ord. No. 186-2010, § 21, 8-26-2010)

A.

Farm residence (per Section 17.09.050(H)(2)).

B.

Detached residential garage, carport, utility shed, or lawn ornament (per Section 17.09.050(H)(3)).

C.

Company cafeteria (per Section 17.09.050(H)(4)).

D.

Company provided on-site recreation—Without exterior lighting (per Section 17.09.050(H)(5)).

E.

Home occupation (per Section 17.09.050(H)(9)).

F.

On-site parking lot (per Section 17.09.050(H)(13)).

G.

Private residential recreational facility (per Section 17.09.050(H)(14)).

H.

Drainage structure (per Section 17.09.050(H)(16)).

I.

Filling (per Section 17.09.050(H)(17)).

J.

Lawn care (per Section 17.09.050(H)(18)).

K.

Exterior communication devices (per Section 17.09.050(H)(20)).

(Ord. No. 170-2009, § 59, 10-22-2009; Ord. No. 183-2009, § 59, 4-13-2010)

A.

Upper storey dwelling unit (per Section 17.09.050(H)(1)).

B.

Company provided on-site recreation—With exterior lighting (per Section 17.09.050(H)(5)).

C.

Outdoor display incidental to indoor sales and service (per Section 17.09.050(H)(6)).

D.

Drive-in sales and service incidental to on-site principal land use (per Section 17.09.050(H)(23)).

E.

Light industrial activities incidental to indoor sales (per Section 17.09.050(H)(8)).

(Ord. No. 170-2009, § 59, 10-22-2009; Ord. No. 183-2009, § 59, 4-13-2010)

A.

General temporary outdoor sales (per Section 17.09.050(I)(1)).

B.

Outdoor assembly (per Section 17.09.050(I)(2)).

C.

Contractor's project office (per Section 17.09.050(I)(3)).

D.

Contractor's on-site equipment storage (per Section 17.09.050(I)(4)).

E.

Relocatable building (per Section 17.09.050(I)(5)).

F.

On-site real estate sales office (per Section 17.09.050(I)(6)).

G.

Outdoor sales of farm products (per Section 17.09.050(I)(7)).

(Ord. No. 170-2009, § 59, 10-22-2009; Ord. No. 183-2009, § 59, 4-13-2010)

All uses shall meet the following minimum setback requirements:

A.

Street yard: Ten feet;

B.

Side yard: Ten feet (each side yard);

C.

Rear yard: Twenty-five (25) feet.

D.

Detached accessory buildings shall be setback a minimum of three feet from all lot lines, except all accessory buildings that are adjacent to a public right-of-way must be ten feet from the lot line, except that if a vehicular door of an accessory structure faces a public right-of-way, the accessory structure must be twenty (20) feet from the rear lot line.

E.

Minimum paved surface setback: Five feet from side or rear, ten feet from street

(Ord. 145-2007 § 3 (part); prior code § 10-4-80)

(Ord. No. 170-2009, § 60, 10-22-2009; Ord. No. 183-2009, § 60, 4-13-2010)

All buildings or structures shall not exceed thirty-five (35) feet.

(Ord. 145-2007 § 3 (part); prior code § 10-4-81)

A.

Maximum Ground Coverage. The total ground area occupied by any principal building with all its accessory buildings shall not exceed thirty (30) percent.

B.

Minimum Landscape Coverage: Twenty-five (25) percent.

C.

Minimum Lot Area Requirements. All uses shall meet the following minimum lot requirements:

1.

Lot area: Twenty thousand (20,000) square feet.

2.

Lot width: One hundred fifty (150) feet.

D.

Parking, loading and access requirements (see Chapter 17.12).

E.

Sign regulations (see Chapter 17.16).

(Ord. 145-2007 §§ 3 (part), 6; prior code § 10-4-82)

(Ord. No. 170-2009, § 61, 10-22-2009); Ord. No. 178-2009, § 6, 4-13-2010; Ord. No. 183-2009, § 61, 4-13-2010)

This district is intended to permit both large and small scale industrial and office development at an intensity that is consistent with the overall desired suburban community character of the community. Beyond a relatively high percentage of landscape coverage, the primary distinguishing feature of this district is that it is geared to indoor industrial activities which are not typically associated with high levels of noise, soot, odors and other potential nuisances for adjoining properties.

(Prior code § 10-4-83)

(Ord. No. 170-2009, § 62, 10-22-2009; Ord. No. 183-2009, § 62, 4-13-2010)

A.

Cultivation, continued (per Section 17.09.050(B)(1)).

B.

Selective cutting (per Section 17.09.050(B)(6)).

C.

Passive outdoor recreation (per Section 17.09.050(C)(1)).

D.

Active outdoor recreation (per Section 17.09.050(C)(2)).

E.

Public services and utilities (per Section 17.09.050(C)(5)).

F.

Office (per Section 17.09.050(D)(1)).

G.

Personal or professional services (per Section 17.09.050(D)(2)).

H.

Indoor maintenance service (per Section 17.09.050(D)(5)).

I.

Indoor storage or wholesaling (per Section 17.09.050(E)(1)).

J.

Light industrial (per Section 17.09.050(G)(1)).

K.

Artisan studio (per Section 17.09.050(D)(18)).

L.

Artisan production shop (per Section 17.09.050(D)(19)).

(Prior code § 10-4-84)

(Ord. No. 170-2009, § 63, 10-22-2009; Ord. No. 183-2009, § 63, 4-13-2010; Ord. No. 186-2010, § 22, 8-26-2010)

The following uses may be permitted after review and approval by the city plan commission:

A.

Clear cutting (per Section 17.09.050(B)(7)).

B.

Indoor sales and service (per Section 17.09.050(D)(3)).

C.

Indoor commercial entertainment (per Section 17.09.050(D)(8)).

D.

Group day care center (nine or more children) (per Section 17.09.050(D)(13))

E.

Personal storage facility (per Section 17.09.050(E)(3)).

F.

Airport/heliport (per Section 17.09.050(F)(2)).

G.

Distribution center (per Section 17.09.050(E)(4)).

H.

Communication tower (per Section 17.09.050(G)(3)).

I.

Cultivation, reestablished or newly established (per Section 17.09.050(B)(1)).

J.

Community garden (per Section 17.09.050(B)(9)).

K.

Market garden (per Section 17.09.050(B)(10)).

L.

Boarding house (per Section 17.09.050(D)(20)).

Note: All group and large developments are subject to a conditional use permit per Section 17.09.060.

(Ord. 90-2004 (part); Ord. 232, 1998: prior code § 10-4-85)

(Ord. No. 170-2009, § 64, 10-22-2009; Ord. No. 183-2009, § 64, 4-13-2010; Ord. No. 186-2010, § 23, 8-26-2010; Ord. No. 268-2023, 11-14-2023)

A.

Farm residence (per Section 17.09.050(H)(2)).

B.

Detached residential garage, carport, utility shed, or lawn ornament (per Section 17.09.050(H)(3)).

C.

Company provided on-site recreation—Without exterior lighting (per Section 17.09.050(H)(5)).

D.

Company cafeteria (per Section 17.09.050(H)(4)).

E.

Indoor sales incidental to storage or light industrial use (per Section 17.09.050(H)(7)).

F.

Home occupation (per Section 17.09.050(H)(9)).

G.

On-site parking lot (per Section 17.09.050(H)(13)).

H.

Private residential recreational facility (per Section 17.09.050(H)(14)).

I.

Drainage structure (per Section 17.09.050(H)(16)).

J.

Filling (per Section 17.09.050(H)(17)).

K.

Lawn care (per Section 17.09.050(H)(18)).

L.

Exterior communication device (per Section 17.09.050(H)(20)).

(Ord. No. 170-2009, § 65, 10-22-2009; Ord. No. 183-2009, § 65, 4-13-2010)

A.

Company provided on-site recreation—With exterior lighting (per Section 17.09.050(H)(5)).

B.

Drive-in sales and service incidental to on-site principal land use (per Section 17.09.050(H)(23)).

(Ord. No. 170-2009, § 65, 10-22-2009; Ord. No. 183-2009, § 65, 4-13-2010)

A.

Outdoor assembly (per Section 17.09.050(I)(2)).

B.

Contractor's project office (per Section 17.09.050(I)(3)).

C.

Contractor's on-site equipment storage (per Section 17.09.050(I)(4)).

D.

Relocatable building (per Section 17.09.050(I)(5)).

E.

On-site real estate sales office (per Section 17.09.050(I)(6)).

F.

Outdoor sales of farm products (per Section 17.09.050(I)(7)).

(Ord. No. 170-2009, § 65, 10-22-2009; Ord. No. 183-2009, § 65, 4-13-2010)

All uses shall meet the following minimum setback requirements:

A.

Street yard: Fifteen (15) feet.

B.

Side yard (abutting a residential district): Ten feet (fifty (50) feet if an opaque screen at least five feet tall is not placed on the entire lot line abutting the residential district).

C.

Side yard (abutting non-residential district): Ten feet.

D.

Rear yard (abutting a residential district): Ten feet (fifty (50) feet if an opaque screen at least five feet tall is not placed along the entire lot line abutting the residential district).

E.

Rear yard (abutting a non-residential district): Ten feet.

F.

Side lot line to accessory structure: Three feet from property line, five feet from alley.

G.

Rear lot line to accessory structure: Three feet from property line, five feet from alley.

H.

Minimum paved surface setback: Five feet from side or rear, ten feet from street.

(Prior code § 10-4-86)

(Ord. No. 170-2009, § 66, 10-22-2009; Ord. No. 183-2009, § 66, 4-13-2010)

All buildings or structures shall not exceed sixty (60) feet or four stories.

(Prior code § 10-4-87)

(Ord. No. 170-2009, § 67, 10-22-2009; Ord. No. 183-2009, § 67, 4-13-2010)

A.

Minimum lot area: Twenty thousand (20,000) square feet (seven thousand two hundred (7,200) sq. ft. permitted as a conditional use).

B.

Minimum lot width: One hundred (100) feet (seventy (70) feet permitted as a conditional use); minimum street frontage: Fifty (50) feet.

C.

Minimum landscape coverage: Twenty-five (25) percent.

D.

Parking requirements: See parking lot requirements per specific land use in Section 17.09.050.

E.

Loading and access requirements: See Chapter 17.12.

F.

Signage regulations: See Chapter 17.16.

(Prior code § 10-4-88)

(Ord. No. 170-2009, § 68, 10-22-2009; Ord. No. 183-2009, § 68, 4-13-2010)

Editor's note— Ord. No. 183-2009, § 69, adopted April 13, 2010, repealed § 17.08.580, as previously repealed by Ord. No. 170-2009, § 69, 10-22-2009. Section 17.08.580 pertained to I-1 restricted industrial district special regulations and derived from prior code § 10-4-89.

This district is intended to permit both large and small scale industrial and office development at a higher intensity. Beyond a relatively high minimum landscape coverage, the primary distinguishing feature of this district is that it is geared primarily toward indoor industrial activities that are not typically associated with high levels of noise, soot, odors and other potential nuisances for adjoining properties.

(Prior code § 10-4-90)

(Ord. No. 170-2009, § 70, 10-22-2009; Ord. No. 183-2009, § 70, 4-13-2010)

A.

Cultivation, continued (per Section 17.09.050(B)(1)).

B.

Selective cutting (per Section 17.09.050(B)(6)).

C.

Passive outdoor recreation (per Section 17.09.050(C)(1)).

D.

Public services and utilities (per Section 17.09.050(C)(5)).

E.

Office (per Section 17.09.050(D)(1)).

F.

Indoor maintenance service (per Section 17.09.050(D)(5)).

G.

Indoor storage or wholesaling (per Section 17.09.050(E)(1)).

H.

Off-site parking lot (per Section 17.09.050(F)(1)).

I.

Distribution center (per Section 17.09.050(E)(4)).

J.

Light industrial (per Section 17.09.050(G)(1)).

K.

Artisan studio (per Section 17.09.050(D)(18)).

L.

Artisan production shop (per Section 17.09.050(D)(19)).

(Prior code § 10-4-91)

(Ord. No. 170-2009, § 71, 10-22-2009; Ord. No. 183-2009, § 71, 4-13-2010; Ord. No. 186-2010, § 24, 8-26-2010)

The following uses may be permitted after review and approval by the city plan commission:

A.

Clear cutting (per Section 17.09.050(B)(7)).

B.

Group day care center (nine or more children) (per Section 17.09.050(D)(13)).

C.

Vehicle repair and maintenance (per Section 17.09.050(D)(17)).

D.

Outdoor storage or wholesaling (per Section 17.09.050(E)(2)).

E.

Personal storage facility (per Section 17.09.050(E)(3)).

F.

Airport/heliport (per Section 17.09.050(F)(2)).

G.

Freight terminal (per Section 17.09.050(F)(3)).

H.

Communication tower (per Section 17.09.050(G)(3)).

I.

Cultivation, reestablished or newly established (per Section 17.09.050(B)(1)).

J.

Indoor aquaculture (per Section 17.09.05017.09.050(B)(8)).

K.

Greenhouse-wholesale (per Section 17.09.050(D)(21)).

L.

Community garden (per Section 17.09.050(B)(9)).

M.

Market garden (per Section 17.09.050(B)(10)).

Note: All group and large developments are subject to a conditional use permit per Section 17.09.060.

(Ord. 90-2004 (part); prior code § 10-14-92)

(Ord. No. 170-2009, § 72, 10-22-2009; Ord. No. 183-2009, § 72, 4-13-2010; Ord. No. 186-2010, § 25, 8-26-2010)

A.

Farm residence (per Section 17.09.050(H)(2)).

B.

Detached residential garage, carport, utility shed, or lawn ornament (per Section 17.09.050(H)(3)).

C.

Company cafeteria (per Section 17.09.050(H)(4))

D.

Company provided on-site recreation—Without exterior lighting (per Section 17.09.050(H)(5)).

E.

Indoor sales incidental to storage or light industrial use (per Section 17.09.050(H)(7)).

F.

Home occupation (per Section 17.09.050(H)(9)).

G.

On-site parking lot (per Section 17.09.050(H)(13)).

H.

Private residential recreational facility (per Section 17.09.050(H)(14)).

I.

Drainage structure (per Section 17.09.050(H)(16)).

J.

Filling (per Section 17.09.050(H)(17)).

K.

Lawn care (per Section 17.09.050(H)(18)).

L.

Exterior communication device (per Section 17.09.050(H)(20)).

(Ord. No. 170-2009, § 73, 10-22-2009; Ord. No. 183-2009, § 73, 4-13-2010)

A.

Company provided on-site recreation—With exterior lighting (per Section 17.09.050(H)(5)).

B.

Drive-in sales and service incidental to on-site principal land use (per Section 17.09.050(H)(23)).

(Ord. No. 170-2009, § 73, 10-22-2009; Ord. No. 183-2009, § 73, 4-13-2010)

A.

Outdoor assembly (per Section 17.09.050(I)(2)).

B.

Contractor's project office (per Section 17.09.050(I)(3))

C.

Contractor's on-site equipment storage (per Section 17.09.050(I)(4)).

D.

Relocatable building (per Section 17.09.050(I)(5)).

E.

On-site real estate sales office (per Section 17.09.050(I)(6)).

F.

Outdoor sales of farm products (per Section 17.09.050(I)(7)).

(Ord. No. 170-2009, § 73, 10-22-2009; Ord. No. 183-2009, § 73, 4-13-2010)

All uses shall meet the following minimum setback requirements:

A.

Street yard: Fifteen (15) feet.

B.

Side yard (abutting a residential district): Twenty-five (25) feet (may reduce to ten feet with conditional use permit).

C.

Side yard (abutting a non-residential district): Ten feet.

D.

Rear yard (abutting a residential district): Twenty-five (25) feet.

E.

Rear yard (abutting a non-residential district): Ten feet.

F.

Side lot line to accessory structure: Three feet from property line, five feet from alley.

G.

Rear lot line to accessory structure: Three feet from property line, five feet from alley.

H.

Minimum paved surface setback: Five feet from side or rear, ten feet from street.

(Prior code § 10-4-93)

(Ord. No. 170-2009, § 74, 10-22-2009; Ord. No. 183-2009, § 74, 4-13-2010)

All buildings or structures shall not exceed sixty (60) feet or four stories.

(Prior code § 10-4-94)

(Ord. No. 170-2009, § 75, 10-22-2009; Ord. No. 183-2009, § 75, 4-13-2010)

A.

Minimum lot area: Ten thousand (10,000) square feet (seven thousand two hundred (7,200) sq. ft. permitted as a conditional use).

B.

Minimum lot width: One hundred (100) feet; minimum street frontage fifty (50) feet.

C.

Minimum landscape coverage: Fifteen (15) percent.

D.

Parking requirements: See parking lot requirements per specific land use in Section 17.09.050.

E.

Loading and access requirements: See Section 17.12.

F.

Signage regulations: See Chapter 17.16.

(Prior code § 10-4-95)

(Ord. No. 170-2009, § 76, 10-22-2009; Ord. No. 183-2009, § 76, 4-13-2010)

This district is designed to permit a very wide variety of industrial uses that may occur both indoors and outdoors, including certain land uses that are permitted in no other zoning district because of their potential to create nuisances for adjoining properties.

(Prior code § 10-4-95A)

(Ord. No. 170-2009, § 77, 10-22-2009; Ord. No. 183-2009, § 77, 4-13-2010)

A.

Cultivation, continued (per Section 17.09.050(B)(1)).

B.

Selective cutting (per Section 17.09.050(B)(6)).

C.

Passive outdoor recreation (per Section 17.09.050(C)(1)).

D.

Public services and utilities (per Section 17.09.050(C)(5)).

E.

Office (per Section 17.09.050(D)(1)).

F.

Indoor maintenance service (per Section 17.09.050(D)(5)).

G.

Indoor storage or wholesaling (per Section 17.09.050(E)(1)).

H.

Off-site parking lot (per Section 17.09.050(F)(1)).

I.

Distribution center (per Section 17.09.050(E)(4)).

J.

Light industrial (per Section 17.09.050(G)(1)).

K.

Heavy industrial (per Section 17.09.050(G)(2)).

L.

Artisan studio (per Section 17.09.050(D)(18)).

M.

Artisan production shop (per Section 17.09.050(D)(19)).

(Prior code § 10-4-95B)

(Ord. No. 170-2009, § 78, 10-22-2009; Ord. No. 183-2009, § 78, 4-13-2010; Ord. No. 186-2009, § 26, 8-26-2010)

The following uses may be permitted after review and approval by the city plan commission:

A.

Agricultural services (per Section 17.09.050(B)(4)).

B.

Clear cutting (per Section 17.09.050(B)(7)).

C.

Outdoor maintenance service (per Section 17.09.050(D)(6)).

D.

Vehicle repair and maintenance (per Section 17.09.050(D)(17)).

E.

Junkyard or salvage yard (per Section 17.09.050(E)(4)).

F.

Waste disposal facility (per Section 17.09.050(E)(5)).

G.

Composting operation (per Section 17.09.050(E)(6)).

H.

Airport/heliport (per Section 17.09.050(F)(2)).

I.

Freight terminal (per Section 17.09.050(F)(3)).

J.

Communication tower (per Section 17.09.050(G)(3)).

K.

Cultivation, reestablished or newly established (per Section 17.09.050(B)(1)).

L.

Indoor aquaculture (per Section 17.09.050(B)(8)).

M.

Greenhouse-wholesale (per Section 17.09.050(D)(21)).

N.

Community garden (per Section 17.09.050(B)(9)).

O.

Market garden (per Section 17.09.050(B)(10)).

Note: All group and large developments are subject to a conditional use permit per Section 17.09.060.

(Ord. 90-2004 (part); Ord. 10-1998 (part); prior code § 10-4-95C)

(Ord. No. 170-2009, § 79, 10-22-2009; Ord. No. 183-2009, § 79, 4-13-2010; Ord. No. 186-2010, § 27, 8-26-2010)

A.

Farm residence (per Section 17.09.050(H)(2)).

B.

Detached residential garage, carport, utility shed, or lawn ornament (per Section 17.09.050(H)(3)).

C.

Company cafeteria (per Section 17.09.050(H)(4)).

D.

Company provided on-site recreation—Without exterior lighting (per Section 17.09.050(H)(5)).

E.

Indoor sales incidental to storage or light industrial uses (per Section 17.09.050(H)(7)).

F.

Home occupation (per Section 17.09.050(H)(9)).

G.

On-site parking lot (per Section 17.09.050(H)(13)).

H.

Private residential recreation facility (per Section 17.09.050(H)(13)).

I.

Drainage structure (per Section 17.09.050(H)(16)).

J.

Filling (per Section 17.09.050(H)(17)).

K.

Lawn care (per Section 17.09.050(H)(18)).

L.

Exterior communication device (per Section 17.09.050(H)(20)).

(Ord. No. 170-2009, § 80, 10-22-2009; Ord. No. 183-2009, § 80, 4-13-2010)

A.

Drive-in sales and service incidental to on-site principal land use (per Section 17.09.050(H)(23)).

B.

Migrant labor camp (per Section 17.09.050(H)(12)).

C.

Company provided on-site recreation—With exterior lighting (per Section 17.09.050(H)(5)).

(Ord. No. 170-2009, § 80, 10-22-2009; Ord. No. 183-2009, § 80, 4-13-2010)

A.

Outdoor assembly (per Section 17.09.050(I)(2)).

B.

Contractor's project office (per Section 17.09.050(I)(3)).

C.

Contractor's on-site equipment storage (per Section 17.09.050(I)(4)).

D.

Relocatable building (per Section 17.09.050(I)(5)).

E.

On-site real estate sales office (per Section 17.09.050(I)(6)).

(Ord. No. 170-2009, § 80, 10-22-2009; Ord. No. 183-2009, § 80, 4-13-2010)

All uses shall meet the following minimum setback requirements:

A.

Street yard: Twenty-five (25) feet.

B.

Side yard (abutting a residential district): Fifty (50) feet.

C.

Side yard (abutting a non-residential district): Twenty (20) feet.

D.

Rear yard (abutting a residential district): Forty (40) feet.

E.

Rear yard (abutting a non-residential district): Forty (40) feet.

F.

Side lot line to accessory structure: Three feet from property line, five feet from alley.

G.

Rear lot line to accessory structure: Three feet from property line, five feet from alley.

H.

Minimum paved surface setback: Five feet from side or rear; ten feet from street.

(Ord. No. 170-2009, § 81, 10-22-2009; Ord. No. 183-2009, § 81, 4-13-2010)

Editor's note— Ord. No. 183-2009, § 82, adopted April 13, 2010, repealed § 17.08.681, as previously repealed by Ord. No. 170-2009, § 82, 10-22-2009. Section 17.08.681 pertained to I-3 industrial district special regulations and derived from Ord. 10-1998 (part).

All buildings or structures shall not exceed thirty-five (35) feet or two stories (building height and/or the number of stories may be increased with a conditional use permit).

(Ord. No. 170-2009, § 83, 10-22-2009; Ord. No. 183-2009, § 83, 4-13-2010)

A.

Minimum lot area: Ten thousand (10,000) square feet (seven thousand two hundred (7,200) sq. ft. permitted as a conditional use).

B.

Minimum lot width: One hundred (100) feet; minimum street frontage fifty (50) feet.

C.

Minimum landscape coverage: Fifteen (15) percent.

D.

Parking requirements: See parking lot requirements per specific land use in Section 17.09.050.

E.

Loading and access requirements: See Section 17.12.

F.

Signage regulations: See Chapter 17.16.

(Ord. No. 170-2009, § 84, 10-22-2009; Ord. No. 183-2009, § 84, 4-13-2010)

The intent of this district is to establish and preserve areas for certain public and institutional uses in the city of Juneau.

(Ord. No. 170-2009, § 86, 10-22-2009; Ord. No. 183-2009, §§ 85, 86, 4-13-2010)

The following uses are permitted:

A.

Cultivation, continued (per Section 17.09.050(B)(1)).

B.

Selective cutting (per Section 17.09.050(B)(6)).

C.

Passive outdoor recreation (per Section 17.09.050(C)(1)).

D.

Active outdoor recreation (per Section 17.09.050(C)(2)).

E.

Public services and utilities (per Section 17.09.050(C)(5)).

(Ord. No. 170-2009, § 87, 10-22-2009; Ord. No. 183-2009, §§ 85, 87, 4-13-2010; Ord. No. 186-2010, § 28, 8-26-2010)

The following uses may be permitted after review and approval by the city plan commission:

A.

Clear cutting (per Section 17.09.050(B)(7)).

B.

Indoor institutional (per Section 17.09.050(C)(3)).

C.

Outdoor institutional (per Section 17.09.050(C)(4)).

D.

Institutional residential development (per Section 17.09.050(C)(6)).

E.

Community living arrangement (one to eight residents) (per Section 17.09.050(C)(7)).

F.

Community living arrangement (nine to fifteen (15) residents) (per Section 17.09.050(C)(8)).

G.

Community living arrangement (sixteen (16) or more residents) (per Section 17.09.050(C)(9)).

H.

Group day care center (nine or more children) (per Section 17.09.050(D)(13)).

I.

Cultivation, reestablished or newly established (per Section 17.09.050(B)(1)).

J.

Community garden (per Section 17.09.050(B)(9)).

K.

Market garden (per Section 17.09.050(B)(10)).

Note: All group and large developments are subject to a conditional use permit per Section 17.09.060.

(Ord. No. 170-2009, § 88, 10-22-2009; Ord. No. 183-2009, §§ 85, 88, 4-13-2010; Ord. No. 186-2010, § 29, 8-26-2010)

A.

Farm residence (per Section 17.09.050(H)(2)).

B.

Detached residential garage, carport, utility shed, or lawn ornament (per Section 17.09.050(H)(3)).

C.

Company cafeteria (per Section 17.09.050(H)(4)).

D.

Company provided on-site recreation—Without exterior lighting (per Section 17.09.050(H)(5)).

E.

Home occupation (per Section 17.09.050(H)(9)).

F.

On-site parking lot (per Section 17.09.050(H)(13)).

G.

Private residential recreational facility (per Section 17.09.050(H)(14)).

H.

Drainage structure (per Section 17.09.050(H)(16)).

I.

Filling (per Section 17.09.050(H)(17)).

J.

Lawn care (per Section 17.09.050(H)(18)).

K.

Exterior communication device (per Section 17.09.050(H)(20)).

(Ord. No. 170-2009, § 89, 10-22-2009; Ord. No. 183-2009, § 89, 4-13-2010)

A.

Drive-in sales and service incidental to on-site principal land use (per Section 17.09.050(H)(23)).

B.

Company provided on-site recreation—With exterior lighting (per Section 17.09.050(H)(5)).

(Ord. No. 170-2009, § 89, 10-22-2009; Ord. No. 183-2009, § 89, 4-13-2010)

A.

Outdoor assembly (per Section 17.09.050(I)(2)).

B.

Contractor's project office (per Section 17.09.050(I)(3)).

C.

Contractor's on-site equipment storage (per Section 17.09.050(I)(4)).

D.

Relocatable building (per Section 17.09.050(I)(5)).

E.

On-site real estate sales office (per Section 17.09.050(I)(6)).

(Ord. No. 170-2009, § 89, 10-22-2009; Ord. No. 183-2009, § 89, 4-13-2010)

All uses shall meet the following minimum setback requirements:

A.

Street yard: Twenty-five (25) feet;

B.

Side yard: Ten feet (each side yard);

C.

Rear yard: Thirty (30) feet.

(Ord. No. 170-2009, § 90, 10-22-2009; Ord. No. 183-2009, §§ 85, 90, 4-13-2010)

Editor's note— Ord. No. 170-2009, § 85, adopted Oct. 22, 2009, repealed § 17.08.741, which pertained to I-4 Industrial district special regulations and derived from Ord. 10-1998 (part).

All buildings or structures shall not exceed sixty (60) feet.

(Ord. No. 170-2009, § 90, 10-22-2009; Ord. No. 183-2009, §§ 85, 90, 4-13-2010)

A.

Maximum Ground Coverage. The total ground area occupied by any principal building with all its accessory buildings shall not exceed twenty-five (25) percent of the total lot area;

B.

Lot Requirement. All uses shall meet the following minimum lot requirements:

1.

Lot area: Eight thousand (8,000) square feet;

2.

Lot width: Sixty (60) feet;

3.

Lot area per dwelling unit: Eight thousand (8,000) square feet;

C.

Parking, loading and access requirements (see Chapter 17.12);

D.

Sign regulations (see Chapter 17.16).

(Ord. No. 170-2009, § 90, 10-22-2009; Ord. No. 183-2009, §§ 85, 90, 4-13-2010)

Editor's note— Ord. No. 183-2009, § 85, adopted April 13, 2010, repealed § 17.08.770, as previously repealed by Ord. No. 170-2009, § 85, 10-22-2009. Section 17.08.770 pertained to IB-1 industrial business district and derived from prior code § 10-4-95AAA.

Editor's note— Ord. No. 183-2009, § 85, adopted April 13, 2010, repealed § 17.08.780, as previously repealed by Ord. No. 170-2009, § 85, 10-22-2009. Section 17.08.780 pertained to IB-1 industrial business district permitted uses and derived from prior code § 10-4-95BBB.

Editor's note— Ord. No. 183-2009, § 85, adopted April 13, 2010, repealed § 17.08.790, as previously repealed by Ord. No. 170-2009, § 85, 10-22-2009. Section 17.08.790 pertained to IB-1 industrial business district conditional uses and derived from Ord. 90-2004 (part); prior code § 10-4-95CCC.

Editor's note— Ord. No. 183-2009, § 85, adopted April 13, 2010, repealed § 17.08.800, as previously repealed by Ord. No. 170-2009, § 85, 10-22-2009. Section 17.08.800 pertained to IB-1 industrial business district yard and derived from prior code § 10-4-95DDD.

Editor's note— Ord. No. 183-2009, § 85, adopted April 13, 2010, repealed § 17.08.810, as previously repealed by Ord. No. 170-2009, § 85, 10-22-2009. Section 17.08.810 pertained to IB-1 industrial business district height and derived from prior code § 10-4-95EEE.

Editor's note— Ord. No. 183-2009, § 85, adopted April 13, 2010, repealed § 17.08.820, as previously repealed by Ord. No. 170-2009, § 85, 10-22-2009. Section 17.08.820 pertained to IB-1 industrial business district; parking; signs and derived from prior code § 10-4-95FFF.

Editor's note— Ord. No. 183-2009, § 86, adopted 4-13-2010, renumbered former § 17.08.830 as 17.08.710.

Editor's note— Ord. No. 183-2009, § 87, adopted 4-13-2010, renumbered former § 17.08.840 as 17.08.720.

Editor's note— Ord. No. 183-2009, § 88, adopted 4-13-2010, renumbered former § 17.08.850 as 17.08.730.

Editor's note— Ord. No. 183-2009, § 90, adopted 4-13-2010, renumbered former § 17.08.860 as 17.08.740.

Editor's note— Ord. No. 183-2009, § 90, adopted 4-13-2010, renumbered former § 17.08.870 as 17.08.750.

Editor's note— Ord. No. 183-2009, § 90, adopted 4-13-2010, renumbered former § 17.08.880 as 17.08.760.

A.

Purpose.

1.

The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed planned developments, and to provide for the possible relaxation of certain development standards pertaining to the underlying standard zoning district.

2.

Planned developments are intended to provide more incentives for development and redevelopment in areas of the community which are experiencing a lack of significant reinvestment. Furthermore, planned developments are designed to forward both the aesthetic and economic development objectives of the city by controlling the site design and the appearance, density or intensity of development in terms of more flexible requirements for land uses, density, intensity, bulk, landscaping and parking requirements. In exchange for such flexibility, the planned development shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than normally required for other developments.

3.

Planned developments have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this title. In addition to such potential, planned developments also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except with a binding site plan, landscape plan and architectural plan, and on a case by case basis. In order to prevent this from occurring, all planned developments are required to meet certain procedural requirements applicable only to planned developments, in addition to the general requirements of the zoning ordinance. A public hearing process is required to review a request for a planned development. This process shall essentially combine the process for a zoning map amendment with that required for a conditional use, with several additional requirements.

B.

Provision of Flexible Development Standards for Planned Developments.

1.

Permitted Location. Planned developments shall be permitted with the approval of a planned development overlay zoning district, specific to the approved planned development per the procedures of subsections (G) and (H), below.

2.

Flexible Development Standards. The following exemptions to the development standards of the underlying zoning district may be provided with the approval of a planned development:

a.

Land Use Requirements. All land uses listed as "residential," "institutional," or "commercial" may be permitted within a planned development.

b.

Density and Intensity Requirements. All requirements listed for residential density (number of dwelling units per acre) and nonresidential intensity (percentage of lot area compared to total floor area and impervious surface area) may be waived or modified within a planned development.

c.

Bulk Requirements. All residential and nonresidential bulk requirements (building setback and height) may be waived or modified within a planned development.

d.

Landscaping Requirements. All landscaping requirements may be waived or modified within a planned development.

e.

Parking and Loading Requirements. All requirements for off-street parking, traffic circulation, and off-street loading may be waived or modified within a planned development.

3.

Requirements to Depict All Aspects of Development. Only development which is explicitly depicted on the required site plan required for a zoning permit issued under Section 17.04.190 approved by the city council as part of the approved planned development, shall be permitted, even if such development (including all aspects of land use, density and intensity, bulk, landscaping, and parking and loading), is otherwise listed as permitted. Requested exemptions from these standards shall be made explicit by the applicant in the application, and shall be recommended by the plan commission and approved explicitly by the city council. If not so requested and approved, such exemptions shaft not be permitted.

C.

Initiation of Request for Approval of a Planned Development. Proceedings for approval of a planned development shall be initiated by:

1.

An application of the owner(s) of the subject property; or

2.

A recommendation of the plan commission and action by the city council, relative to city-owned property.

D.

Application Requirements. All applications for proposed planned developments, regardless of the party of their initiation per subsection (C) above, shall be certified as complete by the zoning administrator a minimum of twenty (20) working days prior to the initiation of this procedure. The zoning administrator shall forward copies of the complete application to the office of the city clerk. The application shall apply to each of the process steps in subsections (F) through (H) below. With the plan commission's approval (and generally for simple PDs), the applicant may combine PD process Steps 1 and 2, or Steps 1, 2 and 3.

E.

PD Process Step 1: Pre-Application Conference.

1.

The applicant shall contact the zoning administrator to place an informal discussion item for the PD on the plan commission agenda.

2.

No details beyond the name of the applicant, the location of the subject property, a listing of potential land uses, and the identification of the discussion item as a PD is required to be given in the agenda.

3.

At the plan commission meeting, the applicant shall engage in an informal discussion with the plan commission regarding the potential PD. Appropriate topics for discussion may include the location of the PD, general project themes and images, the general mix of types and/or land uses being considered, approximate residential densities and nonresidential intensities, the general treatment of natural features, the general relationship to nearby properties and public streets, and relationship to the master plan.

4.

Points of discussion and conclusions reached in this stage of the process shall in no way be binding upon the applicant or the city, but should be considered as the informal, non-binding basis for proceeding to the next step.

F.

PD Process Step 2: Concept Plan.

1.

The applicant shall provide the zoning administrator with a draft PD concept plan submittal packet for a determination of completeness prior to placing the proposed PD on the plan commission agenda for concept plan review. This submittal packet shall contain all of the following items, prior to its acceptance by the zoning administrator and placement on the agenda for concept plan review:

a.

A location map of the subject property and its vicinity at eleven (11) inches by seventeen (17) inches, as depicted on a copy of the city of Juneau Comprehensive Plan Map;

b.

A general written description of proposed PD including:

i.

General project themes and images;

ii.

The general mix of dwelling unit types and/or land uses;

iii.

Approximate residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio (total building floor area divided by site area) and impervious surface area ratio (total impervious surface area divided by site area);

iv.

The general treatment of natural features;

v.

The general relationship to nearby properties and public streets;

vi.

The general relationship of the project to the comprehensive plan;

vii.

An initial draft list of zoning standards which will not be met by the proposed PD and the location(s) in which they apply and, a complete list of zoning standards which will be more than met by the proposed PD and the location(s) in which they apply. The purpose of this listing shall be to provide the plan commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit, and in regard to the mitigation of potential adverse impacts created by design flexibility; and

c.

A written description of potentially requested exemption from the requirements of the underlying zoning district, in the following order:

i.

Land use exemptions;

ii.

Density and intensity exemptions;

iii.

Bulk exemptions;

iv.

Landscaping exceptions;

v.

Parking and loading requirements exceptions;

d.

A conceptual plan drawing (at eleven (11) inches by seventeen (17) inches) of the general land use layout and location of major public streets and/or private drives. The applicant may submit copies of a larger version in addition to the eleven (11) inches by seventeen (17) inches.

2.

Within twenty (20) working days of receiving the draft PD concept plan submittal packet, the zoning administrator shall determine whether the submittal is complete. Once the zoning administrator has received a complete packet, the proposed PD concept plan shall be placed on the plan commission agenda.

3.

At the plan commission meeting, the applicant shall engage in an informal discussion regarding the conceptual PD. Appropriate topics for discussion may include any of the information provided in the PD concept plan submittal packet, or other items as determined by the plan commission.

4.

Points of discussion and conclusions reached in this stage of the process shall in no way be binding upon the applicant or the city, but should be considered as the informal, nonbinding basis for proceeding to the next step. The preferred procedure is for one or more iterations of plan commission review of the concept plan to occur prior to introduction of the formal petition for rezoning which accompanies the general development plan (GDP) application.

G.

PD Process Step 3: General Development Plan (GDP).

1.

The applicant shall provide the zoning administrator with a draft GDP plan submittal packet for a determination of completeness prior to placing the proposed GDP on the plan commission agenda for GDP review. This submittal packet shall contain all of the following items, prior to its acceptance by the zoning administrator and placement of the item on a plan commission agenda for GDP review:

a.

A location map of the subject property and its vicinity at eleven (11) inches by seventeen (17) inches, as depicted on a copy of the city of Juneau Comprehensive Plan Map;

b.

A map of the subject property showing all lands for which the planned development is proposed, and all other lands within three hundred (300) feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on the map as the same appear on the current records of the Register of Deeds of Dodge County. The map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. The map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals eight hundred (800) feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

c.

A general written description of proposed PD including:

i.

General project themes and images;

ii.

The general mix of dwelling unit types and/or land uses;

iii.

Approximate residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio (the total floor area divided by the site area) and impervious surface area ratio (the total impervious surface area divided by the site area);

iv.

The general treatment of natural features;

v.

The general relationship to nearby properties and public streets;

vi.

The general relationship of the project to the master plan;

vii.

A statement of rationale as to why PD zoning is proposed. This shall identify barriers that the applicant perceives in the form of the requirements of standard zoning districts, and the opportunities for community betterment the applicant suggests are available through the proposed PD zoning;

viii.

A complete list and description of zoning standards of the underlying zoning district(s) which will not be met by the proposed PD and the location(s) in which they apply, and a complete list of zoning standards which will be more than met by the proposed PD and the location(s) in which they apply shall be identified. The purpose of this list shall be to provide the plan commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit, and in regard to the mitigation of potential adverse impacts created by design flexibility. List items shall be provided in the following order:

(A)

Land use exemptions;

(B)

Density and intensity exemptions;

(C)

Bulk exemptions;

(D)

Landscaping exceptions;

(E)

Parking and loading requirements exceptions;

d.

A general development plan drawing at a minimum scale of one inch equals one hundred (100) feet (eleven (11) inches by seventeen (17) inches reduction shall also be provided by applicant) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:

i.

A conceptual plan drawing (at eleven (11) inches by seventeen (17) inches) of the general land use layout and the general location of major public streets and/or private drives. The applicant may submit copies of a larger version of the bubble plan in addition to the eleven (11) inches by seventeen (17) inches reduction;

ii.

Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use;

iii.

Statistical data on minimum lot sizes in the development, the approximate areas of large development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by the plan commission or city council; and

iv.

Notations relating the written information provided in subsection (G)(1)(c)(i)—(vi), above to specific areas on the GDP drawing;

e.

A general conceptual landscaping plan for subject property, noting approximate locations of foundation, street, yard and paving, landscaping, and the compliance of development with all landscaping requirements of this title (except as noted in the listing of exceptions) and the use of extra landscaping and bufferyards;

f.

A general signage plan for the project, including all project identification signs and concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles) which are proposed to vary from city standards or common practices;

g.

Written justification for the proposed planned development. (The applicant is advised to use the requirements of the zoning map amendment procedure to develop the written justification.)

2.

The process and fees for review and approval of the GDP shall be three hundred dollars ($300.00) plus reimbursement of municipal consultant costs, and (if land is to be divided) to that for preliminary and final plats of subdivision per the municipal code.

3.

Prior to the plan commission recommendation to city council for approval, approval with modification, or denial, a public hearing shall be held to consider the proposed GDP. All properly owners within three hundred (300) feet of the subject property shall be notified by first class mail no later than ten days prior to the public hearing.

4.

All portions of an approved PD/GDP not fully developed within three years of final city council approval shall expire, and no additional PD-based development within the lapsed PD shall be permitted. The city council may extend this three-year period by up to five additional years via a majority vote following a public hearing.

H.

PD Process Step 4: Precise Implementation Plan (PIP).

1.

After the effective date of the rezoning to PD/GDP, the applicant may file an application for a proposed precise implementation plan (PIP) with the plan commission. This submittal packet shall contain all of the following items, prior to its acceptance by the zoning administrator and placement of the item on a plan commission agenda for PD review:

a.

A location map of the subject property and its vicinity at eleven (11) inches by seventeen (17) inches, as depicted on a copy of the city of Juneau Land Use Plan Map;

b.

A map of the subject property showing all lands for which the planned development is proposed, and all other lands within three hundred (300) feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on the map as the same appear on the current records of the Register of Deeds of Dodge County. The map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. The map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals eight hundred (800) feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

c.

A general written description of proposed PIP including:

i.

Specific project themes and images;

ii.

The specific mix of dwelling unit types and/or land uses;

iii.

Specific residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio (the total floor area divided by the site area) and impervious surface area ratio (the total impervious surface area divided by the site area);

iv.

The specific treatment of natural features;

v.

The specific relationship to nearby properties and public streets;

vi.

A statement of rationale as to why PD zoning is proposed. This shall identify the barriers that the applicant perceives in the form of requirements of standard zoning districts, and the opportunities for community betterment the applicant suggests are available through the proposed PD zoning;

vii.

A complete list of zoning standards of the underlying zoning district(s) which will not be met by the proposed PIP and the location(s) in which they apply, and a complete list of zoning standards which will be more than met by the proposed PIP and the location(s) in which they apply shall be identified. The purpose of this list shall be to provide the plan commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit, and in regard to the mitigation of potential adverse impacts created by design flexibility. List items shall be provided in the following order:

(A)

Land use exemptions;

(B)

Density and intensity exemptions;

(C)

Bulk exemptions;

(D)

Landscaping exceptions;

(E)

Parking and loading requirements exceptions;

d.

A precise implementation plan drawing at a minimum scale of one inch equals one hundred (100) feet (eleven (11) inches by seventeen (17) inches reduction shall also be provided by applicant) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:

i.

A PIP site plan conforming to any and all the requirements of the site plan review and approval procedures required for a zoning permit under Section 17.04.190. If the proposed planned development is a cluster development or a group development, a proposed preliminary plat or conceptual plat shall be provided in addition to the required site plan;

ii.

Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated forpublic acquisition and use;

iii.

Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by the plan commission or city council; and

iv.

Notations relating the written information provided in subsection (G)(1)(c)(i)—(vi), above to specific areas on the PIP drawing;

e.

A landscaping plan for subject property, specifying the location, species and installed size of all trees and shrubs. This plan shall also include a chart which provides a cumulative total for each species, type and required location (foundation, yard, street, paved area or bufferyard) of all trees and shrubs;

f.

A series of building elevations for the entire exterior of all buildings in the planned development, including detailed notes as to the materials and colors proposed;

g.

A general signage plan for the project, including all project identification signs, concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles), and group development signage themes which are proposed to vary from city standards or common practices;

h.

A general outline of the intended organizational structure for a property owners' association, if any; deed restrictions and provisions for private provision of common services, if any;

i.

A written description which demonstrates the full consistency of the proposed PIP with the approved GDP;

j.

Any and all deviations between the requirements of the applicable PD/GDP zoning district and the proposed PIP development;

k.

The applicant shall submit proof of financing capability pertaining to construction and maintenance and operation of all public and private improvements associated with the proposed development;

l.

The area included in a precise implementation plan may be only a portion of the area included in a previously approved general implementation plan;

m.

The precise implementation plan (PIP) submission may include site plan and design information as required for a zoning permit under Section 17.04.190, allowing the plan commission to combine design review and review of the PIP. Design review may, at the choice of the applicant, be deferred until a later time when specific site and building developments will be brought forth;

n.

The plan commission or city council may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the PIP, as such may be relevant to review.

2.

The process and fees for review and approval of the PIP shall be three hundred dollars ($300.00) plus reimbursement of municipal consultant costs, and (if land is to be divided) to that for preliminary and final plats of subdivision per the municipal code.

3.

All portions of an approved PD/PIP not fully developed within three years of final city council approval shall expire, and no additional PD-based development within the lapsed PD shall be permitted. The city council may extend this three-year period by up to five additional years to the pre-existing zoning designation.

4.

Approved PD's, which have not been completed within the time limits established by subsection (H), above, shall revert to the pre-existing zoning designation.

I.

Planned Development Implementation. Upon approval of a PIP by the city council, the applicant may apply for building permits, zoning and use permits from the zoning administrator. Upon granting of the necessary permits, the applicant may commence construction.

(Ord. 219, 1997: prior code § 10-4-101-A)

A.

General Project Themes and Images. The proposed campus will include a continuum of senior housing options. The housing options include apartments, duplexes and fourplexes and assisted living. Two senior services that will be closely associated with the campus will include the Watertown Memorial Hospital (WMH) Home Health Service and the Juneau Medical Clinic. WMH believes that an integrated approach is critical to our success in providing exceptional senior housing in Juneau.

B.

The general mix of dwelling unit types range from uses allowed in R-1 zoning to R-3 zoning districts. The higher density uses of the twenty-four (24) unit senior apartment buildings are located on the northern portion of the property where the impact on neighbors is at a minimum and the traffic pattern on South Street, Highway 26 and the future road will make this area unappealing as a lower density area. The medium to low density twenty (20) bed assisted living facility is the next building to the south, which then enhances the transition to the low density of the fourplexes and duplexes with the background of mature trees to further buffer and soften the neighboring single-family homes.

The land uses are all compatible due to the restriction of the entire campus to older adults of ages fifty-five (55) plus.

C.

Please refer to the calculation on the general development plan drawing.

D.

The greatest natural feature existing on the site is the existing mature trees on the southeast portion of the property. The duplexes are purposely being shown on the borderline of the trees to allow us to maintain as many of these as possible. In addition, walking paths will be constructed throughout the property to enhance the residents' ability to appreciate the existing natural features.

E.

The campus is designed to have buildings of higher density near the public streets and the buildings with low density near the single-family areas. In addition, detention areas will be constructed with buffer areas to lessen the impact for all adjacent properties, as well as, the intended uses on the site.

F.

The general relationship of this project to the master plan in the city of Juneau is compatible. This 8.85 acre site developed as a whole will allow a senior campus to be created that buffers the single-family homes from the more intense uses of the future industrial park.

G.

Statement of Rationale. Under the current, more traditional zoning classifications, there is little ability to develop an 8.85-acre site as a fully-integrated, residential campus focused on the housing needs of the elderly due to the inability to trade densities and bulk area requirements between parcels that are under differing ownership. Through the proposed PD zoning, the following opportunities for community betterment will be made available:

1.

This development affords the city of Juneau a rare opportunity to engage in comprehensive planning of a relatively large (8.85 acre) parcel as a fully-integrated senior campus.

2.

Because of its planned nature, emphasis on landscaping and campus-like atmosphere (utilizing walking trails and large expanses of open area), this will be a showcase project at the gateway into the city.

3.

By being able to spread out density and open space requirements over various parcels, the developer will preserve as many mature trees and as much green space as possible.

4.

This project will expand the opportunities available to residents of the city of Juneau and surrounding areas to stay in the Juneau area as they grow older.

5.

The construction of a development of this scope will bring construction jobs to the community and will provide a positive ripple effect throughout the local economy.

H.

Statement of Rationale. The underlying zoning district of the property is the R-1 single-family residential district. We have kept this district as the underlying district so that if, for any reason, development of the property in accordance with the proposed general development plan does not occur, the property would ultimately revert back to its R-1 status (as opposed to a more dense classification). The description of zoning standards of the R-1 single-family residential district that will not be met by the proposed development, and the standards which will be more than met by the proposed development, are as follows:

1.

Land Use Exemptions. Permitted uses within the R-1 zoning district include detached single-family dwellings. In the proposed development, there will be no detached, single-family dwellings. Rather, there will be two twenty-four (24) unit apartment buildings, one twenty (20) bed assisted-living building, eight duplexes and three fourplexes.

2.

Density and Intensity Exemptions. In the R-1 zoning district, one single-family dwelling is allowed per lot, and each lot shall have a minimum of ten thousand (10,000) square feet. Thus, if the R-1 zoning district requirements were to apply to this project, there could be no more than 38.56 dwellings on the entire site. The density as proposed would provide for ninety-six (96) units on the site. This would result in one unit for every four thousand sixteen (4,016) square feet.

3.

Bulk Exemptions. The R-1 zoning district provides that the total ground area occupied by any principal building with all of its accessory buildings shall not exceed twenty (20) percent of total lot area. In the proposed development, it is currently anticipated that each of the twenty-four (24) unit apartment buildings will occupy approximately twenty-five (25) percent of the lot area for their respective lots. The twenty (20) unit assisted living building, the fourplexes and the duplexes will all be on a separate platted lot. It is currently anticipated that the total ground area occupied by these buildings shall not exceed seventeen (17) percent of the total lot area. However, the entire 8.85-acre site as a whole is currently anticipated to have buildings occupying nineteen and one-half (19.5) percent of its total area.

4.

Landscaping Exceptions. The R-1 zoning district does not provide for any landscaping requirements. We are submitting herewith, however, a general conceptual landscaping plan for the property. The landscaping plan is designed to preserve, to the maximum extent possible, all mature trees, to provide for natural drainage courses, to provide walking paths for the residents, to provide a minimal amount of impervious surfaces through the use of private roads and to provide for a limited amount of screening from South Street on the west and from the road to be constructed on the south.

5.

Parking and Loading Requirements. Section 17.12.040 of the zoning code provides for one and one-half spaces for each dwelling unit for multiple-family dwellings.

a.

Each twenty-four (24) unit building will be on a separate lot. As currently contemplated, each of the twenty-four (24) unit buildings would be served by twenty-eight (28) parking stalls; a maximum of fourteen (14) of which would be located underground, resulting in 1.17 spaces for each dwelling unit. By providing for underground parking, this would diminish the amount of impervious surface area of the development and would allow for more green space.

b.

The twenty (20) unit assisted-living building, the duplexes and the fourplexes would be on a separate lot. With regard to the twenty (20) unit assisted-living building, Section 17.12.040 of the zoning code provides for one space for every three beds plus one space for every three employees, plus one space for each staff physician. Given that it is anticipated that the assisted-living building will have, in addition to the twenty (20) beds, up to eight employees, the present requirement would be that this building be served by a minimum of 9.33 parking spaces. With regard to the duplexes and fourplexes, the current requirement is that each must have one and one-half spaces per dwelling unit. This would require forty-two (42) spaces for all of the duplexes and fourplexes. Thus, current zoning requires 51.33 spaces for the lot that contains the twenty (20) unit assisted-living building, the duplexes and fourplexes. As currently contemplated, the twenty (20) unit assisted-living building would have fifteen (15) spaces and each duplex and fourplex would have two spaces per dwelling unit (one in the driveway, and one in the garage). The current plan thus provides, for this lot, nineteen (19) spaces in excess of the number required under existing zoning.

6.

Signage. Sections 17.16.050 and 17.16.070 of the zoning code, allow, within residential areas, ground signs identifying the name and address of the resident, not exceeding two square feet in area; and signage identifying legal, nonconforming businesses. For this project, the applicant desires to have one ground sign identifying each of the two twenty-four (24) unit buildings and the twenty (20) unit assisted-living building. These identification signs would be no greater than eight by five square feet. In addition, there would be a ground sign identifying the name of the development at the entryway from the road to be constructed in the future near the southeastern corner of the project. There would also be a ground identification sign no greater than eight by five square feet located at the corner of South Street and the future public road.

7.

Height Requirements. Section 17.08.140 of the zoning code provides that, in the R-1 zoning district, principal buildings may not exceed thirty (30) in height. In the proposed development, each of the twenty-four (24) unit buildings will have a height of thirty-five (35) feet at their respective peaks.

I.

Statements of Rationale. The written justification for the proposed planned development is as follows:

Under current R-1 zoning, it would be impossible to develop a senior campus with the use and with the densities contemplated without resorting to planned development. Furthermore, it would be difficult to preserve the landscaped area located along the eastern half of the northern boundary of this property if such open space could not be credited to the project as a whole. This can happen only with the use of planned development.

Finally, the use of planned development on this site would allow for the density required, but would preserve for the benefit of the city and the neighbors the safeguard of having any undeveloped portion of the property revert to the current, R-1 single-family status should the planning development, for any reason, not be completed within three years. While a rezoning to the R-3 zoning district would cause the project to comply with many of the standards set forth in the zoning code, the city would not have the same ability to ensure that the project would be developed solely as a senior residential community that would be afforded by planned development zoning.

(Ord. 224 (part), 1997: prior code § 10-4-101-B)

A.

Statutory Authorization. This shoreland-wetland overlay zoning district is adopted pursuant to the authorization in sections 62.23 and 62.231 and 87.30 and 144.26, Wis. Stats.

B.

Findings of Fact and Purpose. Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the city of Juneau would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:

1.

Promote the public health, safety, convenience and general welfare;

2.

Maintain the storm and flood water storage capacity of wetlands;

3.

Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

4.

Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;

5.

Prohibit certain uses detrimental to the shoreland-wetland area; and

6.

Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth moving activities.

C.

Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the city of Juneau shall be in full compliance with the terms of this shoreland-wetland overlay district and other applicable local, state or federal regulations. (However, see Section 17.08.1140 of this chapter, for the standards applicable to nonconforming uses.)

D.

Municipalities and State Agencies Regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with the provisions of this shoreland-wetland overlay district and obtain all necessary permits. State agencies are required to comply if section 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when section 30.2022(1), Wis. Stats. applies.

E.

Abrogation and Greater Restrictions.

1.

The provisions of this shoreland-wetland overlay district supersede all the provisions of any municipal zoning code provisions enacted under sections 61.35, 62.23 or 87.30, Wis. Stats., that relate to floodplains and shoreland-wetlands, except that where another provision in the city of Juneau Zoning Code is more restrictive than this shoreland-wetland overlay district, that provision shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

2.

This shoreland-wetland overlay district is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants or easements. However, where this shoreland-wetland overlay district imposes greater restrictions, the provisions of this overlay district shall prevail.

F.

Interpretation. In their interpretation and application, the provisions of this shoreland-wetland overlay district shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this overlay district is required by a standard in chapter NR 117, Wis. Adm. Code, and where such provision is unclear, the provision shall be interpreted in light of the chapter NR 117 standards in effect on the date of the adoption of the shoreland-wetland overlay district provisions or in effect on the date of the most recent text amendment to this shoreland-wetland overlay district section of this chapter.

G.

Severability. Should any portion of this shoreland-wetland overlay district be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this overlay district shall not be affected.

H.

Annexed Areas. The county shoreland zoning provisions in effect on the date of annexation remain in effect administered by the city of Juneau for all areas annexed by the city of Juneau after May 7, 1982 unless any of the changes as allowed by s.59.692(7)(a)(1-3), Stats. occur. These annexed lands are described on the city of Juneau's Official Zoning Map. The county shoreland zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the city of Juneau clerk.

(Ord. No. 193-2010, § 2, 4-21-2011)

A.

The following maps are hereby adopted and made part of this chapter and are on file in the office of the city of Juneau clerk:

1.

Wisconsin Wetland Inventory maps stamped "FINAL" in 1994.

2.

Floodplain zoning maps titled and dated April 19, 2010.

3.

United States Geological Survey map (Horicon 71/2 minute quad map) dated 1980.

4.

City of Juneau Official Zoning Map dated April 13, 2010 [as amended by Ord. No. 181-2009].

(Ord. No. 193-2010, § 3, 4-21-2011)

A.

The shoreland-wetland overlay zoning district includes all wetlands in the municipality that are five acres or more and are shown on the final wetland inventory map that has been adopted and made a part of this chapter and that are:

1.

Within one thousand (1,000) feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the municipality shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps that have been incorporated by reference and made a part of this chapter.

2.

Within three hundred (300) feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps that have been incorporated by reference and made a part of this chapter. Floodplain zoning maps adopted in Section 17.08.1100(A)(2) shall be used to determine the extent of floodplain areas.

B.

Determinations of navigability and ordinary high-water mark location shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate district office of the department of natural resources for a final determination of navigability or ordinary high-water mark.

C.

When an apparent discrepancy exists between the shoreland-wetland overlay district boundary shown on the official zoning map and actual field conditions at the time the official zoning map was adopted, the zoning administrator shall contact the appropriate district office of the department of natural resources to determine if the shoreland-wetland overlay district boundary, as mapped, is in error. If department of natural resources staff concur with the zoning administrator that a particular area was incorrectly mapped as a wetland, the zoning administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct underlying base zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in Section 17.08.1110(D) and (E), the zoning administrator shall be responsible for initiating a map amendment within a reasonable period.

D.

Filled Wetlands. Wetlands that are filled prior to the date on which the municipality received final wetland inventory maps, in a manner that affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to the provisions of this shoreland-wetland overlay district.

E.

Wetlands Landward of a Bulkhead Line. Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982 under s. 30.11, Stats. are not subject to the provisions of this shoreland-wetland overlay district.

(Ord. No. 193-2010, § 4, 4-21-2011)

The following uses are permitted subject to the provisions of chapters 30 and 31, Wis. Stats. and the provisions of other local, state and federal laws, if applicable:

A.

Activities and uses that do not require the issuance of a zoning permit, provided that no wetland alteration occurs, including:

1.

Hiking, fishing, trapping, hunting, swimming, snowmobiling, and boating;

2.

The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;

3.

The practice of silviculture, including the planting, thinning, and harvesting of timber;

4.

The pasturing of livestock;

5.

The cultivations of agricultural crops;

6.

The construction and maintenance of duck blinds.

B.

Uses that do not require the issuance of a zoning permit and that may involve wetland alterations only to the extent specifically provided below:

1.

The practice of silviculture, including limited temporary water level stabilization measures that are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;

2.

The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;

3.

The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;

4.

The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;

5.

The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;

6.

The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland overlay district provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in Section 17.08.1160(A)(3); and

7.

The maintenance, repair, replacement, and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

C.

Uses that are allowed upon the issuance of a conditional use permit and that may include wetland alterations only to the extent specifically provided below:

1.

The construction and maintenance of roads that are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under Section 17.08.1120, provided that:

(a)

The road cannot, as a practical matter, be located outside the wetland;

(b)

The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in Section 17.08.1160(A)(3) of this ordinance;

(c)

The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

(d)

Road construction activities are carried out in the immediate area of the roadbed only; and

(e)

Any wetland alteration must be necessary for the construction or maintenance of the road.

2.

The construction and maintenance of nonresidential buildings provided that:

(a)

The building is used solely in conjunction with a use permitted in the shoreland-wetland overlay district or for the raising of waterfowl, minnows or other wetland or aquatic animals;

(b)

The building cannot, as a practical matter, be located outside the wetland;

(c)

The building does not exceed five hundred (500) square feet in floor area; and

(d)

Only limited filling and excavating necessary to provide structural support for the building is allowed.

3.

The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:

(a)

Any private development allowed under this paragraph shall be used exclusively for the permitted purpose;

(b)

Only limited filling and excavating necessary for the construction of park shelters or similar structures is allowed;

(c)

The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in Section 17.08.1120(C)(1); and

(d)

Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

(e)

The use of a boathouse for human habitation and the construction or placement of a boathouse below the ordinary high-water mark of any navigable waters is prohibited.

4.

The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities, and the construction and maintenance of railroad lines provided that:

(a)

The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;

(b)

Only limited filling or excavating necessary for such construction or maintenance is allowed; and

(c)

Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in Section 17.08.1160(A)(3).

(Ord. No. 193-2010, § 5, 4-21-2011)

A.

Any use not listed in Section 17.08.1120 of this chapter is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this ordinance in accordance with Section 17.08.1160 of this chapter.

B.

The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.

(Ord. No. 193-2010, § 6, 4-21-2011)

A.

The lawful use of a building, structure, or property that existed at the time these shoreland-wetland overlay district provisions, or an applicable amendment to these provisions, took effect and that is not in conformity with the provisions of the shoreland-wetland overlay district, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:

1.

The shoreland-wetland overlay district provisions of this ordinance authorized by s. 62.231, Wis. Stats., shall not limit the repair, reconstruction, renovation, remodeling, or expansion of a nonconforming structure in existence on the effective date of the shoreland-wetland overlay district provisions, or of any environmental control facility in existence on May 7, 1982 related to such a structure. All other modifications to nonconforming structures are subject to s. 62.23(7)(h), Wis. Stats., which limits total lifetime structural repairs and alterations to fifty (50) percent of current fair market value.

B.

If a nonconforming use or the use of a nonconforming structure is discontinued for twelve (12) consecutive months, any future use of the building, structure, or property shall conform to the provisions of this shoreland-wetland overlay district.

C.

Any legal nonconforming use of property that does not involve the use of a structure and that existed at the time of the adoption or subsequent amendment of these shoreland-wetland overlay district provisions may be continued although such use does not conform with the provisions of this shoreland-wetland overlay district. However, such nonconforming use may not be extended.

D.

The maintenance and repair of nonconforming boathouses that are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of section 30.121, Wis. Stats.

E.

Uses that are nuisances under common law shall not be permitted to continue as nonconforming uses.

(Ord. No. 193-2010, § 7, 4-21-2011)

A.

Zoning Administrator.

1.

The city of Juneau zoning administrator is responsible for administering and enforcing this shoreland-wetland overlay zoning ordinance.

2.

The zoning administrator shall have the following duties and powers:

a.

Advise applicants as to the provisions of this ordinance and assist them in preparing permit applications and appeal forms.

b.

Issue permits and certificates of compliance and inspect properties for compliance with this ordinance.

c.

Keep records of all permits issued, inspections made, work approved and other official actions.

d.

Have access to any structure or premises between the hours of eight a.m. and six p.m. for the purpose of performing these duties.

e.

Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, and map or text amendments within ten days after they are granted or denied, to the appropriate district office of the department of natural resources.

f.

Investigate and report violations of this ordinance to the plan commission and the district attorney, corporation counsel or municipal attorney.

B.

Zoning Permits.

1.

When Required. Unless another subsection of these shoreland-wetland overlay district provisions specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the zoning administrator before any new development, as defined in Section 17.04.060, of this ordinance, or any change in the use of an existing building or structure is initiated.

C.

Application. An application for a zoning permit shall be made to the zoning administrator upon forms furnished by the municipality and shall include, for the purpose of proper enforcement of these regulations, the following information:

1.

General Information:

a.

Name, address, and telephone number of applicant, property owner and contractor, where applicable.

b.

Legal description of the property and a general description of the proposed use or development.

c.

Whether or not a private water supply or sewage system is to be installed.

d.

A signed cost recovery agreement, per Section 17.04.330.

2.

Site Development Plan:

a.

The site development plan shall be submitted as a part of the permit application and shall contain the following information drawn to scale:

i.

Dimensions and area of the lot;

ii.

Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;

iii.

Description of any existing or proposed on-site sewage systems or private water supply systems;

iv.

Location of the ordinary high-water mark of any abutting navigable waterways;

v.

Boundaries of all wetlands;

vi.

Existing and proposed topographic and drainage features and vegetative cover;

vii.

Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;

viii.

Location of existing or future access roads; and

ix.

Specifications and dimensions for areas of proposed wetland alteration.

D.

Expiration. All permits issued under the authority of this ordinance shall expire six months from the date of issuance.

E.

Certificates of Compliance.

1.

Except where no zoning permit or conditional use permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the zoning administrator subject to the following provisions:

a.

The certificate of compliance shall show that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this ordinance.

b.

Application for such certificate shall be concurrent with the application for a zoning or conditional use permit.

c.

The certificate of compliance shall be issued within ten days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform with all the provisions of this ordinance.

2.

The zoning administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established by the city council.

3.

Upon written request from the owner, the zoning administrator shall issue a certificate of compliance for any building or premises existing at the time of ordinance adoption, certifying after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this ordinance.

F.

Conditional Use Permits. See Sections 17.04.210, 17.04.230, 17.04.240, and 17.04.250 of the city of Juneau Municipal Code for regulations and procedures applicable to land uses or structures requiring a conditional use permit.

G.

Fees. The city council may, by resolution, adopt fees for the following:

1.

Zoning permits.

2.

Certificates of compliance.

3.

Public hearings.

4.

Legal notice publications.

5.

Conditional use permits.

6.

Rezoning petitions.

H.

Recording. Where a zoning permit or conditional use permit is approved, an appropriate record shall be made by the zoning administrator of the land use and structures permitted.

I.

Revocation. Where the conditions of a zoning permit or conditional use permit are violated, the permit shall be revoked by the board of appeals.

J.

Board of Appeals. The city mayor shall appoint a board of appeals under section 62.23(7)(e), Wis. Stats., consisting of five members subject to confirmation by the city council. The board of appeals shall adopt rules for the conduct of its business as required by section 62.23(7)(e)3., Wis. Stats.

1.

Powers and Duties. The Board of appeals:

a.

Shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of these shoreland-wetland overlay zoning district provisions.

b.

Shall hear and decide applications for conditional use permits.

c.

May authorize upon appeal a variance from the dimensional standards of this ordinance where an applicant convincingly demonstrates:

i.

That literal enforcement of the terms of the ordinance will result in unnecessary hardship for the applicant.

ii.

That the hardship is due to special conditions unique to the property; and is not self-created or based solely on economic gain or loss;

iii.

That such variance is not contrary to the public interest as expressed by the purpose of this ordinance; and

iv.

That such variance will not grant or increase any use of property which is prohibited in the zoning district.

2.

Appeals to the Board. Appeals to the board of appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the city affected by any order, requirement, decision, or determination of the zoning administrator or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the board by filing with the official whose decision is in question, and with the board of appeals, a notice of appeal specifying the reasons for the appeal. The zoning administrator or other official whose decision is in question shall transmit to the board all the papers constituting the record on the matter appealed.

3.

Public Hearings.

a.

Before making a decision on an appeal or application, the board of appeals shall, within a reasonable period of time, hold a public hearing. The board shall give public notice of the hearing by publishing a Class 2 notice under ch. 985, Stats., specifying the date, time and place of the hearing and the matters to come before the board. At the public hearing, any party may present testimony in person, by agent or by attorney.

b.

A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the department of natural resources at least ten days prior to all public hearings on issues involving shoreland-wetland overlay zoning.

4.

Decisions.

a.

The final disposition of an appeal or application for a conditional use permit before the board of appeals shall be in the form of a written decision, made within a reasonable time after the public hearing and signed by the board chairperson. Such decision shall state the specific facts which are the basis of the board's determination and shall either affirm, reverse, or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application for a conditional use.

b.

A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the department of natural resources within ten days after the decision is issued.

(Ord. No. 193-2010, § 8, 4-21-2011)

A.

The city council may alter, supplement, or change the overlay district boundaries and the regulations contained in this ordinance in accordance with the requirements of section 62.23(7)(d)2., Wis. Stats., NR 117, Wis. Adm. Code, and the following:

1.

The city clerk shall submit a copy of each proposed text or map amendment to the appropriate district office of the department of natural resources within five days of the submission of the proposed amendment to the city of Juneau Plan Commission;

2.

All proposed text and map amendments to the shoreland-wetland overlay district regulations shall be referred to the city of Juneau Plan Commission and a public hearing shall be held after class II notice as required by section 62.23(7)(d)2., Wis. Stats. The appropriate district office of the department of natural resources shall be provided with written notice of the public hearing at least ten days prior to such hearing.

3.

In order to ensure that the provisions of the shoreland-wetland overlay district remain consistent with the shoreland protection objectives of section 281.31, Wis. Stats., the city of Juneau may not rezone a wetland in the shoreland-wetland overlay district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:

(a)

Storm and flood water storage capacity;

(b)

Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;

(c)

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

(d)

Shoreline protection against erosion;

(e)

Fish spawning, breeding, nursery or feeding grounds;

(f)

Wildlife habitat; or

(g)

Areas of special recreational, scenic, or scientific interest, including scarce wetland types and habitat of endangered species.

4.

Where the district office of the department of natural resources determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Section 17.08.1160(A)(3), the department of natural resources shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.

5.

The appropriate district office of the department of natural resources shall be provided with:

(a)

A copy of the recommendation and report, if any, of the city of Juneau Plan Commission on a proposed text or map amendment, within ten days after the submission of those recommendations to the city council.

(b)

Written notice of the action on the proposed text or map amendment within ten days after the action is taken.

6.

If the department of natural resources notifies the city of Juneau Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Section 17.08.1160(A)(3), that proposed amendment, if approved by the city of Juneau, shall not become effective until more than thirty (30) days have elapsed since written notice of the city's approval was mailed to the department of natural resources, as required by Section 17.08.1160(A)(5)(b) If within the thirty (30) day period, the department of natural resources notifies the city of Juneau that the department of natural resources intends to adopt a superseding shoreland-wetland zoning ordinance for the city as provided by sections 62.231(6) and 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under section 62.231(6) or 61.351(6), Wis. Stats., is completed or otherwise terminated.

(Ord. No. 193-2010, § 9, 4-21-2011)

Any development, building, or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of this ordinance in violation of the provisions of this ordinance, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation. The zoning administrator shall refer violations to the plan commission and the city attorney, corporation counsel or municipal attorney who shall prosecute such violations. Any person, firm, association, or corporation who violates any of the provisions of this ordinance shall be subject to a forfeiture consistent with Section 17.04.310. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to section 87.30(2), Wis. Stats.

(Ord. No. 193-2010, § 10, 4-21-2011)

For the purpose of administering and enforcing the provisions of this shoreland-wetland overlay district, the terms or words used herein shall be interpreted as follows: Words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances unless otherwise specified, shall be measured horizontally.

Where the same or similar terms is defined differently in Section 17.04.060 of this chapter, than in this Section 17.08.1180, the definition provided in this section shall apply to all shoreland-wetland overlay district provisions (Sections 17.08.1000 through 17.08.1180), and the definition provided in Section 17.04.060 shall apply to all other sections of this chapter.

"Accessory structure or use" means a detached subordinate structure or a use that is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use.

"Boathouse," as defined in section 30.121(1), Wis. Stats., means a permanent structure used for the storage of watercraft and associated materials and includes all structures that are totally enclosed, have roofs or walls, or any combination of structural parts.

"Class 2 public notice" means publication of a public hearing notice under chapter 985, Wis. Stats., in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing.

"Conditional use" means a use that is permitted by the shoreland-wetland overlay district provisions provided that certain conditions specified in the ordinance are met and that a permit is granted by the board of appeals or, where appropriate, the plan commission designated by the municipal governing body.

"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.

"Drainage system" means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

"Environmental control facility" means any facility, temporary or permanent, that is reasonably expected to abate, reduce, or aid in the prevention, measurement, control, or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation, or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or that are to be supplemented or replaced by other pollution control facilities.

"Fixed houseboat" as defined in section 30.121(1), Wis. Stats., means a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.

"Navigable waters" means Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages, and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. Under section 144.26(2)(d), Wis. Stats., not withstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under sections 61.351 or 62.231, Wis. Stats., and chapter NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if:

1.

Such lands are not adjacent to a natural navigable stream or river;

2.

Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and

3.

Such lands are maintained in nonstructural agricultural use.

Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream that is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons.

"Ordinary high-water mark" means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

"Shorelands" means lands within the following distances from the ordinary high-water mark of navigable waters; one thousand (1,000) feet from a lake, pond or flowage; and three hundred (300) feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

"Shoreland-wetland overlay district" means the overlay zoning district, created in the city of Juneau zoning ordinance, comprised of shorelands that are designated as wetlands on the wetlands inventory maps that have been adopted and made a part of this ordinance.

"Unnecessary hardship" means that circumstance where special conditions, that were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage height or density unnecessarily burdensome or unreasonable in light of the purposes of this ordinance.

"Variance" means an authorization granted by the board of appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this ordinance.

"Wetlands" means those areas where water is at, near, or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

"Wetland alteration" means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures, or dike and dam construction in a wetland area.

(Ord. No. 193-2010, § 11, 4-21-2011)