Pleasant Prairie City Zoning Code
ARTICLE XI
Fences
§ 420-79 Zoning permit required; exception.
No person shall construct, repair, replace, install, enlarge, or alter any fence, as defined in this article, unless a valid zoning permit for a fence has first been issued pursuant to this chapter and such permit has neither expired nor been suspended or revoked, except as provided in § 420-80. If work has commenced or is completed without proper permits, the Village may take the appropriate actions to prosecute the violation of this chapter. (See § 420-22 of this chapter for additional information related to a zoning permit for a fence, including but not limited to preconditions, application requirements, incomplete applications, approval or denial of an application, issuance of a permit, binding nature of application, acceptance of permit conditions, time limits, assignment, inspections required, suspension, revocation or voiding a permit, circularity, plan changes, plans on file, invalid permits and disclaimer.)
§ 420-80 Fences permitted without zoning permit.
The following types of fences are permitted as specified without a zoning permit subject to the following restrictions and provided that said fence is not located within any right-of-way, does not in any way interfere with traffic visibility, does not block, redirect or cause a drainage problem for the adjacent or downstream properties, and is not located within any easement(s) without written permission from the easement holder:
A.
Snow fences shall be permitted in all districts when comprised of wooden pickets bound together by wire and not exceeding four feet in height and removed between May 1 and November 1 of each year. No privately owned snow fence shall extend into the road right-of-way line.
B.
Agricultural field fences shall be permitted in any Agricultural District, provided that said fence is located a minimum of two feet from any road right-of-way. An agricultural field fence is used to provide enclosure of agricultural animals, landscaping yards or agricultural fields in any agricultural zoning district. An agricultural field fence may be constructed of fieldstone, wood or wire and may be electric or may incorporate barbed wire. The fence shall not exceed seven feet in height. Any other type of fence constructed in any agricultural districts shall follow the regulations pursuant to § 420-81A below.
C.
Decorative fences not exceeding two feet in height shall be permitted in all districts, provided that said fence is located a minimum of two feet from any right-of-way.
D.
Underground electrical fences are permitted in any agricultural, residential or C-2 District.
E.
Temporary chain-link construction fence to secure a job site during construction, provided that the fence is located on the property wherein the construction is being done and further provided that adequate access is maintained for Village inspectors and emergency personnel as approved by the Village.
F.
A trellis with or without a lattice-type roof used as a landscape feature and not used for privacy or security, provided that the trellis is located a minimum of five feet from any property line.
§ 420-81 Standards for fences.
A.
Residential fences. A residential fence, including a garbage/recycling dumpster enclosure, is used to provide enclosure of all or a portion of the property for privacy or security in any residential, agricultural, or conservancy district, subject to the following requirements:
(1)
Fence material.
(a)
Said fence in any Agricultural District, Conservancy District or R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, R-7 or R-8 District may be constructed of brick, field stone, wood (decay-resistant wood), wrought iron, chain link (with a minimum thickness of nine gauge and a top support), decorative aluminum, vinyl, or other appropriate material as may be approved by the Zoning Administrator; however, a residential fence shall not be constructed of corrugated metal or other metal panels and shall not be an agricultural field fence or electric fence and shall not incorporate razor or barbed wire.
(b)
Said fence in any R-9, R-10 or R-12 District may be constructed of brick, field stone, wood (decay-resistant wood which is stained or painted), wrought iron, chain link (with a minimum thickness of nine gauge and a top support), decorative aluminum, vinyl, or other appropriate material as may be approved by the Zoning Administrator; however, a residential fence shall not be constructed of corrugated metal or other metal panels and shall not be an agricultural field fence or electric fence and shall not incorporate razor or barbed wire.
(2)
Said fence may be located on the side or rear property lines. See additional requirements for setbacks for property lines adjacent to public or private streets.
(3)
Said fence may be located in a shore yard, provided that it is not located on the water side of the ordinary high-water mark of said navigable waterway. Said fence shall not block, redirect or impede the flow of water or drainage within the area.
(4)
Said fence may be placed within a wetland, provided that there is minimal disturbance to the wetlands and the soil from the post holes shall not be placed in the wetlands.
(5)
Said fence shall be set back a minimum of two feet from any public right-of-way.
(6)
Said fence shall be set back a minimum of 15 feet from any private road as measured from the outer edge of the gravel shoulder or back of curb.
(8)
Said fence shall not be higher than six feet if located in the rear yard, rear street yard and/or side street yard. The fence height shall include all elevations, including berms, above the overall standard grade of the property, including architectural finials.
(9)
Said fence shall not be higher than four feet if located within a front street yard. Concrete or brick pillars located between fence sections may be permitted to a height of six feet in a front street yard. The fence height shall include all elevations, including berms, above the overall standard grade of the property, including architectural finials.
(10)
Said fence shall not be located within any easement without written permission from the applicable easement holder and the Village.
(11)
Said fence shall not block, redirect or cause a drainage problem for adjacent or downstream properties.
(12)
Said fence shall be in compliance with any structural requirements of any local, county and state codes and shall be designed and constructed to resist any wind load.
(13)
All structural and support components of a fence shall face away from adjacent properties, private streets or public rights-of-way. Fence sections being replaced due to damage/maintenance may be replaced with the same construction materials and by the same construction methods and setback as the original installation as may be approved by the Zoning Administrator.
(14)
See § 420-57.7G for additional requirements for garbage/recycling dumpster requirements as part of a residential development plan approval.
(15)
Compliance with any recorded deed restrictions and restrictive covenants recorded on the property. Approval from the property's active architectural control committee shall be provided in writing to the Village.
B.
Commercial fences. A commercial fence, including a garbage/recycling dumpster/compactor enclosure, used to provide enclosure, screening or security for all or a portion of a property in any business, manufacturing, institutional or park and recreational district is subject to the following requirements:
(1)
Said fence may be constructed of brick, field stones, wood (decay-resistant wood which is stained or painted), wrought iron, decorative aluminum, vinyl, or other appropriate material as may be approved by the Zoning Administrator; however, a commercial fence shall not be constructed of corrugated metal or other metal panels and shall not be an agricultural field fence or an electric fence but may incorporate razor or barbed wire only as deemed necessary by the Village Zoning Administrator for a manufacturing use within a manufacturing district. In addition, in any manufacturing district a vinyl-coated chain-link fence, a minimum of nine gauge with a top bar with or without vinyl slats, may be approved by the Village Zoning Administrator.
(2)
Said fence may be located on the side or rear property lines. See additional requirements for setbacks for property lines adjacent to public or private streets.
(3)
Said fence may be located in any street yard only upon approval by the Village Zoning Administrator, provided that said fence is set back a minimum of 15 feet from any public right-of-way.
(4)
Said fence may be located in any street yard only upon approval by the Village Zoning Administrator, provided that said fence is set back a minimum of 20 feet from any private road as measured from the outer edge of the gravel shoulder or back of curb.
(5)
Said fence may be located in a shore yard, provided that it is not located on the water side of the ordinary high-water mark of said navigable waterway. Said fence shall not block, redirect or impede the flow of water or drainage within the area.
(6)
Said fence may be placed within a wetland, provided that there is minimal disturbance to the wetlands.
(8)
Said fence shall not be higher than 10 feet. The fence height shall include all elevations, including berms, above the overall standard grade of the property.
(9)
No fence shall be placed within any easement without written permission from the applicable easement holder and the Village.
(10)
No fence shall block, redirect or cause a drainage problem for the adjacent or downstream properties.
(11)
Said fence shall be in compliance with any structural requirements of any local, county and state codes and shall be designed and constructed to resist any wind load.
(12)
All structural and support components of a fence shall face away from adjacent properties, private streets or public rights-of-way. Fence sections being replaced due to damage or necessary maintenance may be replaced with the same construction materials and by the same construction methods and setback as the original installation as may be approved by the Zoning Administrator.
(13)
The Village Zoning Administrator may require a fence to be installed along the rear or side property line of a property located within a business or manufacturing district that abuts a residential district. Said fence shall be constructed of a solid material, such as brick, wood, vinyl, field stone or other appropriate material as may be approved by the Zoning Administrator; shall be a minimum of six feet high; and all structural and support components of the fence shall face away from adjacent properties.
(14)
See § 420-57H for additional requirements for garbage/recycling dumpster/compactor requirements as part of site and operational plan approval.
(15)
Compliance with any recorded deed restrictions and restrictive covenants recorded on the property. Approval from the property's active commercial owners or architectural control committee shall be provided in writing to the Village.
§ 420-82 Dilapidated or hazardous fences.
A.
All fences shall be maintained in good repair in that said fence is structurally sound and plumb and does not have missing or have damaged structural components/fence panels. Furthermore, the fence surfaces shall be free of rust, corrosion, peeling, flaking or chipped paint.
B.
Garbage/recycling dumpster/compactor enclosures shall be maintained, washed and cleaned out routinely to avoid odors, bugs and animal harborage. All garbage/recycling shall be stored within the dumpster(s) located within the enclosure. Doors to the enclosure shall remain in working order and shall remain closed at all times except during removal of garbage or recycling. Damaged doors or its components shall be repaired/replaced in a timely manner.
C.
When a fence is declared by the Zoning Administrator or designee to be dilapidated or hazardous, said declarant may order such fence to be removed or repaired, and if it is not removed or repaired within a reasonable time after notice to the owner, the Village may remove the same and charge the cost thereof to the owner.
D.
Fences in violation of this chapter shall, upon their repair or replacement, be repaired or replaced to meet the requirements of this chapter.