Juneau City Zoning Code

A.

The lawful use of a structure, land or water, existing at the time of adoption of or amendment to this title, may be continued although the use does not conform with the provisions of this title.

1.

Only that portion of the land, structure or water in actual use may be continued. The use may not be extended, enlarged or substituted except as required by law or order so as to comply with the provisions of this title.

2.

Substitution of new equipment may be permitted by the city plan commission if such equipment will reduce the incompatibility of the nonconforming use.

3.

If the nonconforming use is discontinued or terminated for a period of three hundred sixty-five (365) consecutive days, any future use of the structure, land or water shall conform to the provisions of this title. If one of the units in a legal, nonconforming two-family dwelling remains vacant for three hundred sixty-five (365) days, the use shall not be considered discontinued if, during the entire three hundred sixty-five (365) day period, the following conditions are met:

a.

The structure remains in compliance with all codes and regulations applicable to a two-family use. This includes, but is not limited to, maintaining separate entrances and mailing addresses for each unit in the structure.

b.

The unit is actively advertised for rent by the property owner in good faith. The property owner must be able to provide dated proof of advertisement, such as a newspaper sheet containing the listing and showing the date of the advertisement.

c.

The unit has not been used for any purpose other than a dwelling unit.

B.

Any prior legal use made nonconforming by this title or by an amendment to it may be granted legal conforming status by the issuance of a conditional use permit, subject to the standards and procedures prescribed by Sections 17.04.210, 17.04.230, and 17.04.240. Any prior legal use made nonconforming by a modification to the official zoning map after the effective date of this title or amendment to it may be granted legal conforming use status by changing the zoning district of the affected property to an appropriate district through a zoning map amendment. Such requested zoning amendment shall be subject to the standards and procedures prescribed by Section 17.08.030.

(Ord. 149-2007; prior code § 10-4-130)

(Ord. No. 170-2009, § 101, 10-22-2009; Ord. No. 179-2009, 4-13-2010; Ord. No. 183-2009, § 101, 4-13-2010)

A.

A structure, existing at the time of adoption of or amendment to this title, may be continued as a fully legal, conforming structure although its size or location does not form to yard or height provisions of this title. However:

1.

It shall not be extended, enlarged, reconstructed, moved, or structurally altered so as to add new instances of nonconformance or to expand existing instances of nonconformance except when required by law or order to comply with the provisions of this title or state or federal law.

2.

A nonconforming structure damaged by violent wind, fire, flood, ice, snow, mold, or infestation may be restored to the size, subject to 17.20.020(A)(1), location, and use that it had immediately before the damage or destruction occurred. In such cases, the city may not place limits on the costs of the repair, reconstruction, or improvement, provided the nonconforming structure was damaged or destroyed on or after March 2, 2006.

(Ord. 145-2007 § 10: prior code § 10-4-131)

(Ord. No. 170-2009, § 102, 10-22-2009; Ord. No. 178-2009, § 10, 4-13-2010; Ord. No. 183-2009, § 102, 4-13-2010)

A.

In any residential district, a single-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record in the Dodge County Register of Deeds Office before the effective date or amendment of this title.

B.

Such lot or parcel shall be in separate ownership from abutting lands. If in separate ownership, all the district requirements shall be complied with insofar as practical but shall not be less than the following:

1.

Lot width: Fifty (50) feet minimum;

2.

Lot area: Six thousand (6,000) square feet minimum;

3.

Building height: Thirty (30) feet maximum;

4.

Street yard: Twenty-five (25) feet minimum except that the second street yard on a corner lot shall not be less than ten feet;

5.

Rear yard: Twenty (20) feet minimum;

6.

Side yard: Minimum five feet each side yard but not less than sixteen (16) percent of frontage for all side yards.

C.

If abutting lands and the nonconforming lot are in the same ownership, the nonconforming lot shall not be sold or used without full compliance with the provisions of this title.

(Prior code § 10-4-132)

(Ord. No. 170-2009, § 103, 10-22-2009; Ord. No. 183-2009, § 103, 4-13-2010)

The zoning administrator shall maintain a nonconforming lot, use and structure file. The following information shall be included:

A.

Location of the lot, use or structure;

B.

Owner's name and address;

C.

Whether it is a nonconforming use, nonconforming lot, nonconforming structure, or combination of nonconforming use, lot or structure;

D.

The use of the structure, land or water;

E.

The equalized value of the land or structure at the time it became nonconforming.

(Prior code § 10-4-133)

(Ord. No. 170-2009, § 104, 10-22-2009; Ord. No. 183-2009, § 104, 4-13-2010)

Once a nonconforming use, lot or structure has been changed to conform, it shall not revert to a nonconforming use, lot or structure. Once the city plan commission or board of appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the previous use shall lose its status as a legal nonconforming use.

(Prior code § 10-4-134)