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Harrison Village City Zoning Code

ARTICLE VIII

FENCES AND WALLS

Sec. 117-216.- Categories.

Fences and walls are subject to the provisions of this article. Agricultural fences are governed by Wis. Stats. ch. 90.

(a)

Boundary fence. A fence placed on or approximately following the property lines of adjacent properties.

(b)

Protective fence. A fence constructed to enclose a hazard to the public health, safety and welfare.

(c)

Aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape, such as a refuse container or dumpster enclosure.

(Ord. No. 10-147, § 8.0(1), 7-27-2010)

Sec. 117-217. - Height.

The height of fences and walls shall be measured vertically from the finished grade on the exterior side of the fence or wall. Raising the finished grade by placing fill for the purpose of additional height to a fence or wall is prohibited. If a fence or wall is placed on a berm, the berm shall be included in the height of the fence or wall and the height shall be measured vertically from the base of the berm, unless said fence or wall is approved in conjunction with a conditional use permit or a variance is granted by the zoning board of appeals.

(a)

Boundary fence. A boundary fence or wall shall not be more than six feet in height in residential zoning districts and not more than eight feet in commercial and industrial zoning districts, except that hedges may be permitted to grow to their natural height.

(b)

Protective fence. Within a commercial or industrial zoning district, a protective fence or wall shall not be more than eight feet in height.

(c)

Aesthetic fence. An aesthetic fence or wall shall not be more than six feet in height, except for dumpster/refuse enclosures which may be up to a height of eight feet.

(d)

Special height provisions.

(1)

Sound barrier/privacy fence or wall on an arterial/collector roadway. A sound barrier/privacy fence or wall constructed in a board-to-board or stone, masonry or brick and mortar style may be erected that prevents sound penetration and decreases the noise levels along the back or side lot line of a residential property abutting an arterial or collector street that has access restrictions and that is posted at no more than 45 miles per hour, shall not exceed eight feet in height. Such fence shall be constructed along all lots of the recorded subdivision adjacent to the roadway.

(2)

Sound barrier fence or wall on a freeway roadway. A sound barrier fence, wall or combination of fence and berm or wall and berm constructed in a board-to-board or stone, masonry or brick and mortar style may be erected that prevents sound penetration and decreases the noise levels along the back or side yard abutting a highway that is posted with a speed greater than 45 miles per hour shall not be less than ten feet nor more than 20 feet in height, as measured from the grade of the adjacent major roadway. Plans from a state certified engineer/architect that assure structural integrity may be required by the zoning administrator. Such fence shall be approved in accordance with article XI, Conditional Use Permits.

(Ord. No. 10-147, § 8.0(2), 7-27-2010)

Sec. 117-218. - Setback and location.

Fences may be located so that the exterior side or face of the fence is on the lot line. All fences shall be located no closer than six inches to the front lot line. Fences shall not be located within any recorded easement without the written consent of the entity controlling the easement.

(a)

Fences located in the front yard setback area.

(1)

All fences located within the front yard setback area shall be a minimum of 50 percent open to vision through the fence equally distributed throughout the fence length.

(2)

No boundary or aesthetic fence or wall, including a hedge or row planting, shall be permitted in excess of four feet in height in the front yard setback area. Visual clearance requirements of section 117-53 shall be met.

(3)

Exceptions. If the fence is located on a double frontage lot where there is an access restriction on one frontage, then that frontage with access restriction may be treated as a side or rear yard for fence placement.

(Ord. No. 10-147, § 8.0(3), 7-27-2010)

Sec. 117-219. - Materials.

(a)

Barbed wire fences, electrical fences, and single, double and triple strand fences are prohibited, except in the agricultural (AG) and industrial and manufacturing (IM) districts.

(b)

For all zoning districts other than AG, fence material must be either naturally resistant or treated wood board, vinyl, galvanized and/or vinyl coated chain link material, wrought iron, brick, natural stone, masonry, or other material as approved by the zoning administrator. Chain link fence slats are subject to provisions of this chapter for solid-type fences. Chain link fence slats shall not be allowed in areas adjacent to residential zoning districts.

(c)

Fences and walls located in the front yard must be made of materials such as wood, brick, vinyl or stone.

(d)

The finished side of the fence shall be erected to face the adjoining property. The side with protruding studs or posts shall face the building of the lot responsible for the erection of the fence.

(e)

No fence or wall shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, railroad ties, utility poles or other similar items.

(Ord. No. 10-147, § 8.0(4), 7-27-2010)

Sec. 117-220. - Exceptions.

Protective security fences, utility substations, are excluded from the provisions of this article, except that where such fences incorporate the use of barbed wire, such barbed wire shall not be less than seven feet above the ground level, and except such fences shall be a minimum of two-thirds open to vision equally distributed throughout the fence length, and maintain allowable height when located within the defined vision corner.

(Ord. No. 10-147, § 8.0(5), 7-27-2010)

Sec. 117-221. - Vision corner.

Fences and walls shall comply with vision clearance requirements of section 117-53.

(Ord. No. 10-147, § 8.0(6), 7-27-2010)

Sec. 117-222. - Maintenance.

Both the fence and the property surrounding both sides of the fence shall be properly maintained at all times. Fences shall not create an appearance of patchwork. Fences shall be maintained in such a way that it will remain plumb and in good repair.

(Ord. No. 10-147, § 8.0(7), 7-27-2010)