[Amended by Ord. No. 1599]
Definitions for the purpose of this article, in addition to those definitions set forth in § 16-3 of this chapter, are the following:
An elevated area of ground.
A structure of posts, rails, pickets, wires or the like.
A fence which is designed and in place for the purpose of
alleviating drifting snow.
A structure of stone, brick or other solid substance intended
to separate or enclose a lot or given area of land.
A structure or device other than a tree, bush, shrub or natural
planting used to deflect or stop air currents.
[Amended by Ord. No. 1599]
A.
No fence, wall, windbreak or berm, opaque or non-opaque, shall be
erected or maintained on any lot or parcel of land in this Village
except in compliance with the requirements of this article.
B.
Snow fences are permitted for the period from December 1 until March
31 of the following year, but are prohibited from April 1 until November
30. Snow fences shall conform with all of the requirements of this
article; provided, however, that snow fencing installed by any governmental
body shall be exempt from the provisions of this article.
C.
No fence shall be erected or maintained which is electrified.
D.
No fence shall be erected or maintained which contains unknuckled
ends or barbed wire within the Village; provided, however, that this
subsection shall not apply to fencing erected and maintained by governmental
bodies for the protection of governmental property.
[Amended by Ord. No. 1599]
Fences, walls, windbreaks, and berms located within 35 feet of the intersecting curblines of streets or within 10 feet of the intersection of any alley with a sidewalk are subject to the regulations of § 9-2D(4) of the Code of the Village of Whitefish Bay.
[Amended by Ord. No. 1611; Ord. No. 1717]
A.
The height of fences, walls, windbreaks and berms shall comply with
the following standards:
(1)
Front yard. The overall height of fences, walls, windbreaks and berms
shall not exceed 44 inches in height. The structure of the fence,
wall, windbreak or berm shall not exceed 42 inches.
(2)
Side yard. The overall height of fences, walls, windbreaks and berms
shall not exceed 50 inches. The structure of the fences, walls, windbreaks
or berms shall not exceed 48 inches. In the event the principal building
has a building ell of six feet or greater projecting towards the rear
lot line, the overall height of the fence, wall, windbreak or berm
may be increased to 74 inches with the structure of the fence, wall,
windbreak or berm not to exceed 72 inches. The height increase may
begin at the building ell and extend towards the rear lot line. Fences
located in the side yard may otherwise measure 74 inches (structure
not to exceed 72 inches) in height where the adjacent property has
the ability pursuant to this chapter to install a rear yard fence
of 74 inches in height (structure not to exceed 72 inches) in the
adjacent location.
(3)
Rear yard. The overall height of fences, walls, windbreaks and berms
shall not exceed 74 inches. The structure of fences, walls, windbreaks
and berms shall not exceed 72 inches, except in those instances where
the rear yard is that of a corner lot and such rear yard abuts the
front yard of an adjacent lot, in which case the height of that part
of the rear yard fence within the side setback distance of such corner
lot as established on the Village setback map shall conform to front
yard restrictions.
(4)
Fences on lots in District 4 shall not exceed an overall height of
44 inches in front yards, 50 inches in side yards, and 74 inches in
the rear yard, unless constructed of chain link or similar type.
(5)
Ornamental posts less than 4 1/2 feet apart shall be considered
an integral part of the fence and subject to the height limitations
herein.
[Amended by Ord. No. 1717]
In applying the height limitation, measurements shall be made
from the adjacent ground on either side of the fence to the uppermost
integral part of the fence. Fence posts and pillars which are separated
by 4 1/2 feet or more and support posts for gates may extend
above the required height limitation by six inches or the width of
the post or pillar, whichever is greater. The maximum height extension
of a post or pillar shall be 18 inches. Fences shall be placed a minimum
of 18 inches from the edge of a retaining wall. Grade may not be built
up to produce a higher fence than allowed by code.
[Amended by Ord. No. 1717]
Fences, walls and windbreaks shall be constructed in such a
manner that the "finished" side shall face the neighboring property.
Fences shall be constructed of wood or other wood simulated natural
appearing materials, wrought iron or other metal materials generally
employed to obtain an aesthetically pleasing appearance.
[Amended by Ord. No. 1599]
A.
All fences, walls and windbreaks which exist on December 19, 1966
(the time of adoption of the original ordinance affecting fences,
walls and windbreaks), and do not conform to the chapter, may be maintained,
but no alteration, modification or improvement of such nonconforming
fence, wall or windbreak shall be permitted unless, as a result of
such alteration, modification or improvement, such nonconforming use
shall be made to comply with this chapter.
B.
All berms which exist on June 4, 1990 (the time of the adoption of
this article) and do not conform to the chapter may be maintained,
but no alteration, modification or improvement of such nonconforming
berm shall be permitted unless, as a result of such alteration, modification
or improvement, such nonconforming use shall be made to comply with
this article.
[Amended by Ord. No. 1717]
Prior to placement of any fence, wall, windbreak or berm, the
responsible party shall make application to the Building Inspector
for a permit, furnishing all necessary information, and shall not
begin construction of any fence, wall, windbreak or berm until approval
has been made and a permit therefor is issued. The fee for the permit
is on the adopted fee schedule as approved by the Village Board.[1]
