Whitefish Bay Village
City Zoning Code
City Zoning Code
ARTICLE XI
Fences, Walls and Berms
§ 16-66 Definitions.
Definitions for the purpose of this article, in addition to those definitions set forth in § 16-3 of this chapter, are the following:
An elevated area of ground.
A structure of posts, rails, pickets, wires or the like.
A fence which is designed and in place for the purpose of alleviating drifting snow.
A structure of stone, brick or other solid substance intended to separate or enclose a lot or given area of land.
A structure or device other than a tree, bush, shrub or natural planting used to deflect or stop air currents.
§ 16-67 Fences, walls, windbreaks and berms.
[Amended by Ord. No. 1599]
A.
No fence, wall, windbreak or berm, opaque or non-opaque, shall be erected or maintained on any lot or parcel of land in this Village except in compliance with the requirements of this article.
B.
Snow fences are permitted for the period from December 1 until March 31 of the following year, but are prohibited from April 1 until November 30. Snow fences shall conform with all of the requirements of this article; provided, however, that snow fencing installed by any governmental body shall be exempt from the provisions of this article.
C.
No fence shall be erected or maintained which is electrified.
D.
No fence shall be erected or maintained which contains unknuckled ends or barbed wire within the Village; provided, however, that this subsection shall not apply to fencing erected and maintained by governmental bodies for the protection of governmental property.
§ 16-68 Fences near street curblines.
[Amended by Ord. No. 1599]
Fences, walls, windbreaks, and berms located within 35 feet of the intersecting curblines of streets or within 10 feet of the intersection of any alley with a sidewalk are subject to the regulations of § 9-2D(4) of the Code of the Village of Whitefish Bay.
§ 16-69 Height regulations.
[Amended by Ord. No. 1611; Ord. No. 1717]
A.
The height of fences, walls, windbreaks and berms shall comply with the following standards:
(1)
Front yard. The overall height of fences, walls, windbreaks and berms shall not exceed 44 inches in height. The structure of the fence, wall, windbreak or berm shall not exceed 42 inches.
(2)
Side yard. The overall height of fences, walls, windbreaks and berms shall not exceed 50 inches. The structure of the fences, walls, windbreaks or berms shall not exceed 48 inches. In the event the principal building has a building ell of six feet or greater projecting towards the rear lot line, the overall height of the fence, wall, windbreak or berm may be increased to 74 inches with the structure of the fence, wall, windbreak or berm not to exceed 72 inches. The height increase may begin at the building ell and extend towards the rear lot line. Fences located in the side yard may otherwise measure 74 inches (structure not to exceed 72 inches) in height where the adjacent property has the ability pursuant to this chapter to install a rear yard fence of 74 inches in height (structure not to exceed 72 inches) in the adjacent location.
(3)
Rear yard. The overall height of fences, walls, windbreaks and berms shall not exceed 74 inches. The structure of fences, walls, windbreaks and berms shall not exceed 72 inches, except in those instances where the rear yard is that of a corner lot and such rear yard abuts the front yard of an adjacent lot, in which case the height of that part of the rear yard fence within the side setback distance of such corner lot as established on the Village setback map shall conform to front yard restrictions.
(4)
Fences on lots in District 4 shall not exceed an overall height of 44 inches in front yards, 50 inches in side yards, and 74 inches in the rear yard, unless constructed of chain link or similar type.
(5)
Ornamental posts less than 4 1/2 feet apart shall be considered an integral part of the fence and subject to the height limitations herein.
§ 16-70 Measurement.
[Amended by Ord. No. 1717]
In applying the height limitation, measurements shall be made from the adjacent ground on either side of the fence to the uppermost integral part of the fence. Fence posts and pillars which are separated by 4 1/2 feet or more and support posts for gates may extend above the required height limitation by six inches or the width of the post or pillar, whichever is greater. The maximum height extension of a post or pillar shall be 18 inches. Fences shall be placed a minimum of 18 inches from the edge of a retaining wall. Grade may not be built up to produce a higher fence than allowed by code.
§ 16-71 Construction.
[Amended by Ord. No. 1717]
Fences, walls and windbreaks shall be constructed in such a manner that the "finished" side shall face the neighboring property. Fences shall be constructed of wood or other wood simulated natural appearing materials, wrought iron or other metal materials generally employed to obtain an aesthetically pleasing appearance.
§ 16-72 Nonconforming fences, walls, windbreaks, and berms.
[Amended by Ord. No. 1599]
A.
All fences, walls and windbreaks which exist on December 19, 1966 (the time of adoption of the original ordinance affecting fences, walls and windbreaks), and do not conform to the chapter, may be maintained, but no alteration, modification or improvement of such nonconforming fence, wall or windbreak shall be permitted unless, as a result of such alteration, modification or improvement, such nonconforming use shall be made to comply with this chapter.
B.
All berms which exist on June 4, 1990 (the time of the adoption of this article) and do not conform to the chapter may be maintained, but no alteration, modification or improvement of such nonconforming berm shall be permitted unless, as a result of such alteration, modification or improvement, such nonconforming use shall be made to comply with this article.
§ 16-73 Permit.
[Amended by Ord. No. 1717]
Prior to placement of any fence, wall, windbreak or berm, the responsible party shall make application to the Building Inspector for a permit, furnishing all necessary information, and shall not begin construction of any fence, wall, windbreak or berm until approval has been made and a permit therefor is issued. The fee for the permit is on the adopted fee schedule as approved by the Village Board.[1]