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Marinette City Zoning Code

ARTICLE XXXVII

Fences, Retaining Walls and Hedges

§ 465-323 Definitions.

As used in this article, the following terms shall have the meanings indicated:
DECORATIVE FENCE
A fence not exceeding a height of 36 inches, measured from adjacent sidewalk grade or, when no sidewalk is available, from center of street; material other than poured concrete.
FENCE
Any enclosure or barrier, solid or otherwise, made of wood, wrought iron, stone, chain link, brick, decorative concrete block (or products created to resemble these materials), or a combination of any of these materials. Plywood, particleboard, sheet metal, concrete slabs, or concrete barriers shall not be used for fencing.
HEDGE
A row of bushes or small trees planted close together which may form a barrier, enclosure, or boundary. Shrubs and trees planted for the purpose of creating a hedge shall be planted so that the trunk or main stem of the plant is no closer than three feet from any property line. Hedges three feet in height or less, from sidewalk level, may be kept in the front setback area. Hedges shall be trimmed and maintained.
PICKET FENCE
A fence having a pointed post, stake, pale, or peg placed vertically with the point or sharp part pointing (must provide a 5/8-inch flat top surface) upward to form a part of the fence.
RESPONSIBILITY OF OWNER
Any person erecting a fence shall do so on their own property. The responsibility of establishing a property line shall rest with the property owner erecting the fence.
RETAINING WALL
A solid barrier of any material constructed to hold back a mass of earth. A retaining wall shall be considered a fence for purposes of this section.
SETBACK AREA
See definition in § 465-318.

§ 465-324 Fence permit required.

[Amended 11-5-2014 by Ord. No. 2014-2302; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A zoning permit is required to construct a new or replacement fence. Fees are as set forth in the current City Fee Schedule.

§ 465-325 Fence setback in residential zoned districts.

[Amended 1-4-2005 by Ord. No. 2005-2028; 6-3-2025 by Ord. No. 2542]
A. 
No fence or portion of a fence shall be constructed within the front setback area of a building in a residentially zoned district, except as follows:
(1) 
A decorative fence may be constructed in the front setback area as limited by § 465-327.
B. 
Other than an allowable decorative fence, a fence may be constructed along an interior lot property line, not to extend into the front setback area.
C. 
No fence or segment of a fence shall be constructed nearer than four feet of any property line adjacent to an alley.

§ 465-326 Fences in all districts.

[Amended 6-3-2025 by Ord. No. 2542]
A. 
No fence or segment of a fence shall be constructed nearer than four feet of any rear property line, except that in I-1 Light Industrial and I-2 Heavy Industrial Districts owners may have a fence constructed on any property line, provided that no fence in the front setback obstructs vision to an extent greater than 50%.
B. 
Unless otherwise provided herein, no fence shall be constructed with any point higher than six feet above ground level; provided, however, that fences in light and heavy industrial zoned areas shall not be higher than eight feet above ground level, excluding devices for holding barbed wire.
C. 
No fence shall be constructed which is a picket fence or which is of an otherwise dangerous condition, or which conducts electricity or is designed to electrically shock, or which uses barbed wire; provided, however, that barbed wire may be used in light and heavy industrial zoned areas if the devices securing the barbed wire to the fence are eight feet above the ground and project toward the fenced property and away from any public area.
D. 
Vision triangle. On a corner lot no fence, hedges and vegetation shall be allowed in the setback area of a corner lot at the intersection of any two streets and the intersection of the adjacent side street and rear alley property line as described. See § 465-318, General definitions, "vision clearance" and "vision triangle."
E. 
Any fence necessary at any school, public park or other public recreational facility to accommodate recreational activities shall be exempt from the maximum height requirements of this section.
F. 
In B-3 Highway Business Districts only, a fence not to exceed 14 feet in height shall be allowed in the rear setback for the purpose of outside storage for home improvement merchandise stores.
G. 
Two foot set back from any sidewalk.

§ 465-327 Fences around swimming pools.

In-ground swimming pools and swimming pools having an aboveground side wall height of 18 inches or more, either permanently installed or kept filled for periods of overnight or longer, shall be either guarded or fenced as follows:
A. 
Fencing shall be a minimum of four feet above the top of the ground, and the fence and/or surrounding structures shall enclose the entire pool area; fence gates protecting pools shall be automatically closed and locked upon release. Gates shall not be capable of opening from the outside and shall be secured to prevent entry when the pool is not in use. Fence material shall be a cyclone-type fence, vertical slats, or other members built to prevent the through passage of a sphere with a diameter of three inches or larger and the maximum distance from the underside of the fence to grade and to discourage or impede climbing; all areas adjacent or near the fence shall be cleared of material which might be used for climbing purposes; or
B. 
Barriers of metal, wood, hard plastic, canvas, tarp or other durable material designed and employed to prevent use of, or entry into, the pool (rather than to control heat loss or keep out dirt or insects) shall be acceptable guarding for a pool if the same can be secured (including but not limited to, tie-down/stake down of a tarp covering said swimming pool when not in use) to prevent such entry or use; or
[Amended 10-2-2007 by Ord. No. 2007-2109]
C. 
Pools which have an aboveground deck which surrounds all the pool and which deck, alone or with walls, is a minimum of four feet above the pool water level, and which has sides to impede climbing, shall also be a sufficient pool guard.

§ 465-328 Hedges.

The height and setback for hedges shall be the same as outlined for fences in §§ 465-325 and 465-326 hereof; provided, however, hedges three feet in height or less from sidewalk level may be kept in the front setback area; and provided, further, that no hedge shall be permitted in the tree lawn area or, where no tree lawn area exists, within four feet of any street or alley. Hedges shall be trimmed and maintained.

§ 465-329 Temporary fences.

A. 
Fences erected to warn of construction hazards, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with all setback requirements. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days.
B. 
In cases of national emergency and/or increased security threat level to a parcel of property, the Common Council shall have, upon request of the owner or tenant, the discretion to extend said 45-day time limit for such time as the Common Council deems appropriate.

§ 465-330 Nonconforming fences and hedges.

Any fence or hedge existing on December 3, 1996, and not in conformance with this chapter may be maintained, but no alteration, modification, or improvement of same shall be permitted unless as a result of such alteration, modification, or improvement said fence shall comply with this chapter.

§ 465-331 Fence not to create a traffic hazard.

It is unlawful to erect, maintain, suffer or permit any fence in such a manner as to create a traffic hazard or restrict visibility.