(a)

Permit required. No person shall cause or allow the installation, construction, erection, placement, or replacement of a fence in the City of Janesville without first obtaining a fence permit. Exception: When all other provisions of this chapter are met, a fence permit is not required for:

(1)

The installation, repair, or replacement of any fence less than 16 feet in length.

(2)

Underground electrical fences, such as an invisible pet fence.

(3)

Decorative fences not exceeding two feet in height shall be permitted in all districts. Such fences shall not be placed in any manner which presents a hazard to pedestrians on any public or private sidewalk.

(4)

Temporary fences where permitted by this chapter.

(5)

Chicken runs as defined in Section 8-70.

(b)

Application. A written application shall be filed with the Building Division and shall include a drawing, a site plan or property survey displaying the property lines, and adjoining streets, the location of all buildings and structures on the property, and the proposed location of the fence.

(c)

Fee. An application fee, established and amended from time to time by City Council resolution, shall be paid to the City when the application is filed.

(d)

Certificate of appropriateness required. For fences proposed to be installed on a property located in an Historic Overlay District, a Certificate of Appropriateness shall be required.

(e)

Fence types.

(1)

Privacy Fence. A privacy fence is one which is opaque or provides zero to less than 50 percent visibility through the fence. The degree of visibility is measured by the open space through which light is able to pass through the fence. Visibility is measured through one or multiple planes of fencing.

a.

Privacy fences located within the front and corner side yard setbacks may be no greater than 30 inches in height.

b.

Privacy fences are permitted within the interior side and rear yard setback areas.

c.

Privacy fences are subject to all provisions of this chapter.

(2)

Semi-transparent fence. A semi-transparent fence is one which provides 50 percent or greater visibility through the fence. The degree of visibility is measured by the open space through which light is able to pass through the fence. Visibility is measured through one or multiple planes of fencing. Semi-transparent fences are permitted within all setback areas, subject to all provisions of this chapter.

(f)

Fence height. The height of fences shall be measured vertically from the finished grade on the interior side of the fence. If a fence is placed on a berm, the berm shall be included in the height of the fence and the height shall be measured vertically from the base of the berm. Support posts shall not extend more than three inches above the top line of the fence, except for decorative caps, knobs, or finials as designed by a manufacturer.

(1)

Fences in the front setback area. Fences installed in the front setback area shall comply with the following height requirements, subject to all other requirements of Section 42-356:

a.

In residential zoning districts and where residential uses exist or are permitted to exist in other zoning districts, semi-transparent fence height shall not exceed four feet.

b.

In business and office zoning districts, semi-transparent fence height shall not exceed four feet.

c.

In industrial zoning districts, semi-transparent fence height shall not exceed 12 feet.

d.

Privacy fencing cannot exceed 30 inches in height in the front setback area for all zoning districts.

(2)

Fences in the corner side setback area.

a.

In residential zoning districts and where residential uses exist or are permitted to exist in other zoning districts, semi-transparent fence height shall not exceed six feet.

b.

In business and office zoning districts, semi-transparent fence height shall not exceed six feet.

c.

In industrial zoning districts, semi-transparent fence height shall not exceed 12 feet.

d.

Privacy fencing cannot exceed 30 inches in height in the corner side setback area for all zoning districts.

(3)

Fences in the interior side and rear setback areas. Semi-transparent and privacy fences installed in interior side and rear setback areas shall comply with all other requirements of this chapter and the following requirements:

a.

In residential zoning districts and where residential uses exist or are permitted to exist in other zoning districts, fence height shall not exceed six feet.

b.

In business and office zoning districts, fence height shall not exceed eight feet.

c.

In industrial zoning districts, fence height shall not exceed 12 feet.

(4)

Overlapping setback areas. In areas where the front setback and interior side setback areas overlap, the standards of fence height for front setback areas shall apply.

(g)

Fence installation. No person shall cause or allow the installation, construction, erection, placement, or replacement of a fence, or any portion thereof, except in strict compliance with this section, site specific conditions, and the following requirements:

(1)

Fences including all structural members and footings may be installed up to but not on property lines. No portion of the fence shall encroach beyond the property line.

(2)

It is the responsibility of the property owner to locate the property lines and warrant that the fence is properly located entirely on the property site to which the fence permit has been issued.

(3)

Fences shall be installed with the finished side facing the adjacent property or public right-of-way.

(4)

All fence posts must be located on the inside of the fence facing the property on which the fence is located unless the fence is designed and constructed to look the same on both sides of the fence.

(5)

Fences near street intersections. Fences may not obstruct traffic or vision of traffic and shall provide at least 50 percent visibility through any fence or multiple planes of fencing encroaching within the vision triangle as described in Section 42-354.

(6)

Fences near driveways. Fences near driveways may not obstruct traffic or vision of traffic in the street or alley or along a public sidewalk. Privacy fences greater than 30 inches in height may not be placed along driveways within a vision triangle formed by the point of intersection between any right-of-way or alley or driveway and the two points located 15 feet from the point of intersection along the right-of-way line or the edge of the driveway.

(7)

Fences located in the R2—Limited General Residence District. Privacy fences located in the R2 Zoning District may be positioned in the corner side setback area up to halfway between the corner side of the principal building and the corner side lot line provided that it does not extend into the fence vision triangle described in Subsection (g)(5) of this section.

(8)

Fences on lots having multiple street frontages. Privacy fences up to six feet in height may be installed in the rear and corner side yard setback areas on properties which present more than one street frontage and the rear yard includes frontage along a state or federal highway, county trunk highway, or town road, subject to all of the following requirements:

a.

Areas defined: State highways and county roads include the following:

1.

State and Federal Highways 11, 14, 26, and 51.

2.

County Trunk Highways A, D, F, G, O, and Y.

3.

Town roads located within or adjacent to the municipal limits.

4.

Jurisdictional changes of the above-listed roadways as deemed appropriate by the Chief Building Division Director. Said fences must meet all other requirements of this chapter in order to be deemed appropriate.

b.

Access is controlled and prohibited to the subject property from the state or federal highway, county trunk highway, or town road where the fence would be installed.

c.

Access is controlled and prohibited to the adjacent properties from the state or federal highway, county trunk highway, or town road for a distance of no less than 500 feet from the subject property in either direction along the state or federal highway, county trunk highway, or town road, or as determined by the Chief Building Division Director.

d.

Fences may not obstruct traffic or vision of traffic and are subject to all vision triangle provisions of this chapter.

(h)

Fence materials.

(1)

Fences located in residential districts shall be manufactured for residential use. Opaque metal of any kind is prohibited. Typical residential fence materials approved for use are aluminum, wrought iron or steel, chainlink, wood, and vinyl.

(2)

Temporary fencing such as plastic or wood-slat snow fencing shall be prohibited in all zoning districts, except as a temporary use for a special event, hazard, or construction warning. Said fence shall be removed within 24 hours after the conclusion of the special event or when the condition or season for which the said fence was erected no longer exists. Temporary fencing may not be used to enclose yard space on a property.

(3)

Any residential wire-type fencing material shall be 13 gauge or less thickness.

(4)

Prohibited fencing materials.

a.

No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or similar items. Materials not specifically manufactured for fencing, such as railroad ties, wooden doors, or utility poles shall not be used for, or in the construction, of a fence.

b.

Fences consisting of chicken wire, deer fence, hog wire, high-tensile wire strands, which are normally used in the agricultural, farming, and livestock business, specifically for livestock, animal, or bird control, are prohibited. Exception: In residential districts, chicken wire of no more than 24 inches in height may be used only to encompass rear yard, food-producing gardens.

c.

No person shall erect, keep or maintain any barbed wire or electric fence, except electric invisible dog fence, upon any premises within the City limits, except that barbed wire is allowed only on properties located in Industrial Zoned Districts or in other districts at the discretion of the Building Division Director and so long as all such barbed wire is at least six feet above the ground. In no case, shall barbed wire or electric fence be installed on any property being used for residential purpose regardless of the zoning district in which it is located.

(i)

Prohibited fences. No person shall install, construct, erect, place, replace or cause to be installed, constructed, erected, placed, or replaced the following types of fences:

(1)

An aboveground electric fence or razor wire fence.

(2)

Any wire or chainlink fence with the cut or salvage end of the fence exposed at the top.

(3)

A structure that consists only of vertically-placed materials with no structurally-tied cross members for support.

(4)

A fence that creates a potential hazard to users of the street, sidewalk, or to nearby property.

(5)

A fence that has not been fully completed in accordance with the permit issued under this section.

(j)

Nonboundary related fence standards.

(1)

Residential fences or enclosures for swimming pools shall be as permitted in Section 10-27, temporary fences may not be used to enclose pool areas.

(2)

Fencing installed in Commercial and Industrial Districts and for public athletic facilities (ex: tennis courts, baseball or softball fields) may be erected in conformance with accepted ASTM industry standards. A fence permit shall be required for such installations.

(k)

Encroachments. No portion of any fence may extend into any adjoining public right-of-way or public land including greenbelts, unless the owner has secured a valid written and recorded easement for such encroachment from the City.

(l)

Completion of installation. A fence authorized by a fence permit shall be fully installed in accordance with this section and permit requirements within one year of the date of permit issuance. No further work may be conducted thereafter until a new permit is applied for and issued.

(m)

Maintenance of fences. Fences shall be maintained in a manner so as to prevent rust, corrosion, and deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public. Fences shall not create an appearance of patchwork, which is indicative of a state of disrepair. Every fence installed shall be maintained in such a way that it will remain plumb and in good repair. A property owner or occupant of the property on which the fence is located shall be responsible for the maintenance of a fence as required by this subsection.

(n)

Existing fences. Any fence, lawfully existing upon the effective adoption date of the ordinance from which this section is derived (June 25, 2019), shall not be altered, enlarged, extended, or replaced, except in strict compliance with all of the requirements of this section and chapter. Except where otherwise prohibited in this section, normal maintenance thereof shall not be a violation hereof.

(o)

Appeals. A decision to deny a fence permit or issuance thereof subject to conditions may be appealed to the Zoning Board of Appeals in accordance with Section 42-272.

(Ord. No. 2019-748, § III(18.32.035), 6-24-2019)