[Amended 2-14-2019 by Ord. No. 19-04]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them as follows, except where
the context clearly indicates a different meaning.
A fence erected for the primary purpose of providing enclosure
for agricultural animals or fields in any agricultural zoning district.
An agricultural fence may be constructed of fieldstone, wood or wire
and may be electric or may incorporate barbed wire, depending on terrain,
location and animals to be confined.
A structure of rails, planks, stakes, strung wire, or similar
material erected as an enclosure, barrier, or boundary. Open fences
are those with more than 50% of their surface area open for free passage
of light and air. Examples of such fences include chain-link, picket,
and rail fences.
A structure whose only purpose is to decorate, accent, or
frame a feature of the landscape. Ornamental fences are often used
to identify a lot corner or lot line; or frame a driveway, walkway,
or planting bed. Ornamental fences are those with more than 50% of
their surface area open for free passage of light and air. Ornamental
fences are often of the picket, rail, or wrought-iron type.
A structure of rails, planks, stakes, strung wire, or similar
material erected as an enclosure, barrier, or boundary. A security
fence is erected for the purpose of preventing entry to a property
by unauthorized persons and protecting equipment, materials, or products
contained within the enclosure. A security fence may also be erected
to screen equipment, materials, or products from unauthorized view.
A structure of rails, planks, stakes, strung wire, or similar
material erected as an enclosure barrier or boundary. Solid fences
are those with 50% or less of their surface area open for free passage
of light and air and designed to conceal from view the activities
conducted behind them. Examples of such fences are stockade, board-on-board,
board-and-batten, basket-weave, and louvered fences.
A structure forming an enclosure, barrier or boundary between
properties, between a property and a street or an alley, or between
portions of a property or properties, and includes a wall or latticework
screen.
Vegetation forming a barrier, enclosure or boundary.
A.
Except as provided in § 360-136 below, no person shall erect or construct any perimeter fence or wall or hedge on any property without having first obtained a permit for such fence from the Zoning Administrator and having paid the fee prescribed by the Town Board.
B.
Application for a fence permit shall be made in writing upon a form
furnished by the Town.
C.
Plans and specifications including design and type of construction
and materials, and a site plan or plat map displaying the proposed
fence, wall or hedge location in reference to lot lines and structures
on the property shall be submitted at the time of the application.
D.
The Zoning Administrator shall review, approve, and issue the fence
permit if the application complies with the standards of this article.
The permit may contain reasonable conditions stated in the permit.
E.
Upon the destruction of any perimeter fence, wall or hedge no perimeter
fence, wall or hedge may be constructed or reconstructed in place
of such destroyed or deteriorated fence without having first obtained
a permit and complying with the terms and requirements of this article.
A.
Ornamental fences measuring less than 20 feet in total length, freestanding,
and not connected to a structure shall not require a permit.
B.
A fence surrounding a garden that conforms to the open fence standards
and is not located closer than three feet to any property line shall
be exempt from the permit and permit fee requirement. Such fencing
shall be limited to the garden area only.
C.
Agricultural fences shall not require a permit. Such fences shall
be allowed only in the A-l General Agriculture District and the A-2
Secondary Agriculture District. Any other type of fence constructed
in any Agriculture District shall follow the regulations contained
herein.
A.
Location.
(1)
Fences, walls or hedges may be located at the property line. Property owners must maintain their fences as noted in § 360-141. Erecting a fence too close to property lines may cause difficulty in maintaining said fence.
(2)
A nonornamental fence, wall or hedge on lots in residential
districts shall not extend toward the front of the lot nearer than
the street side of the house or the required minimum front yard, whichever
distance is greater.
(3)
No fence, wall or hedge shall be placed beyond the property
lot lines.
(4)
Lot line corner markers/pins or survey markers shall not be
tampered with or moved when installing a fence.
(5)
No fence, wall or hedge shall be erected in the waterfront setback.
(6)
No fence, wall or hedge shall be erected within road right-of-way.
B.
Fences on lots in any residential district shall not contain barbed
wire, electric current or charge of electricity.
C.
No fence, wall or hedge shall be constructed that would constitute
a nuisance, pursuant to § 844.10, Wis. Stats.
D.
A hedge shall be continuously trimmed and all parts thereof confined
to the property on which it was planted. Hedges may be permitted to
grow to their natural height.
E.
Fence height limitations. There shall be no height limitation for
fences that protect playgrounds, baseball backstops, tennis courts
and like activities.
Fences shall be constructed in such a manner that the "finished"
side shall face the neighboring property. Fence posts shall be on
the side of the fence facing the permit applicant's property. No fence
shall be constructed to have sharp or pointed pickets dangerous to
life or limb.
A.
Ornamental fences. A fence, including gates, which shall not exceed
a height of four feet, and shall be more than 50% open for free passage
of light and air. An ornamental fence may be permitted in any district.
Ornamental fences include, but are not limited to, picket, rail or
wrought-iron type. Chain-link fences are not considered ornamental
fences.
B.
Open fences. A fence, including gates, which shall not exceed a height
of six feet, and the surface area shall be more than 50% open for
free passage of light and air. An open fence shall be permitted in
any district, but in all residential districts, may not extend toward
the street side of the lot nearer than the street side of the house
or the required minimum front yard, whichever distance is greater.
Open fences include, but are not limited to, chain-link, picket or
wrought-iron type.
C.
Solid fences. A fence, including gates, which shall not exceed a
height of six feet, and surface area may be more than 50% solid to
conceal views from adjoining properties or streets. A solid fence
shall be permitted in any district, but in all residential districts,
shall not extend toward the street side of the lot nearer than the
street side of the house or the required minimum front yard setback,
whichever distance is greater. Solid fences include, but are not limited
to, stockade, board-on-board, board-and-batten, basket-weave, and
louvered type.
D.
Security fences. A fence, including gates, which shall not exceed
10 feet in height and may be of open or solid construction but shall
be of open construction when located on the street side of a property.
Security fences may include up to four strands of barbed wire on the
top of the fence, provided that the barbed wire is at least eight
feet above grade. A security fence shall be permitted in all nonresidential
districts. Security fences may include any open or solid fence types.
E.
Agriculture fence. A fence, including gates, which shall not exceed
10 feet in height and may be of an open, solid or security type construction.
Agriculture fences may contain barbed wire and shall only be permitted
in the A-1 General Agriculture District and in the A-2 Secondary Agriculture
District and only when the property is actively used for agriculture
and/or farming. Agriculture fences may include any open, solid, or
security fence type or fences constructed entirely of posts and barbed
wire.
A fence authorized by a fence permit shall be fully installed
in accordance with this chapter and permit conditions, within 180
days of the date of permit issuance. A fence permit shall expire 180
days after the date of issuance. After a fence permit expires, no
work requiring such a permit shall be commenced, resumed, or undertaken
until a new permit is issued or the original permit is extended. The
permit applicant may file a written request for an extension of the
fence permit stating the reason for the request, for up to 180 additional
days to complete the fence installation. The Zoning Administrator
shall grant the request if good cause is shown
Fences shall be kept and maintained in good, sound, and presentable
condition at all times. Fences not so maintained that become an eyesore
or otherwise adversely affect property values in the neighborhood
shall be removed upon order of the Zoning Administrator. The order
shall provide 30 days minimum for such removal. Such orders shall
be appealable to the Town Board of Appeals.
Any fence proposal at variance with the standards set forth in this article may, upon application, be considered by the Board of Appeals using the procedure and standards for the consideration of variances set forth in § 360-28 of this chapter.
All fences constructed or maintained in violation of any of
the provisions of this article are hereby declared public nuisances
within the meaning of this Code. The Zoning Administrator may bring
an action to abate the nuisance in the manner set forth in the Wisconsin
State Statutes.
