[HISTORY: Adopted by the Village Board of the Village of
Allouez as Ch. 26 of the Village Code. Amendments noted where applicable.]
The purpose of this chapter is to regulate the construction
and maintenance of fences in the Village. Fences erected and maintained
in the Village may be constructed and placed according to the owner's
individual creativeness, originality and good judgment, if in keeping
with established standards of all development of the Village, but
shall not cause discomfort or diminishment of the enjoyment of property
to his neighbor or neighborhood.
The following words and phrases have the designated meanings
unless a different meaning is expressly provided or the context clearly
indicates a different meaning:
A lot which has two or more adjoining sides, each of which
abut the right-of-way of a different street or highway.
Any wall or barrier, of any material or substance, including
hedges, shrubbery or any plant growth, erected, placed, grown or maintained
as an enclosure, barrier or boundary.
That side of a lot which abuts the right-of-way of the street
or highway on which a lot fronts.
That side of a lot which intersects one or more side lot
lines, or which intersects one or more other rear lot lines, and which
is opposite the front lot line.
Land owned by the State of Wisconsin, Brown County, or the
Village of Allouez and includes, but is not limited to, that land
area between the front lot line and the curb or pavement; that land
over which the state, county or Village has an easement; that land
constituting the paved or otherwise improved portion of any highway,
street and alleyway; and that land constituting any undeveloped or
unimproved highway, street or alleyway on any recorded plat of survey
and/or certified survey map.
That side of a lot which intersects the front and rear lot
lines, or either the front or rear lot line and another side lot line,
or two other side lot lines but not a front or rear lot line.
A.
No fence exceeding 36 inches in height, or which is located within
the minimum front setback of a lot, shall be erected, planted or placed
on any premises without first obtaining a permit from the Building
Inspector. A sketch, design, or other descriptive material of the
proposed fence must accompany the application for the permit and must
show compliance with this chapter before a permit may be issued.
B.
A permit is not required for the construction and maintenance of
fences erected as safety barriers around areas where building construction
or other hazardous activities are being conducted or for the limited
purpose of excavating and filling as may be necessary for such construction
or maintenance.
C.
A permit is not required for other temporary fences used for pedestrian,
crowd or animal containment or control, but they must adhere to the
established standards set forth in this chapter. Temporary fences
may not be in place more than 14 days unless permission is granted
by the Village of Allouez for an extension.
D.
No fence shall be erected, planted, permitted, or maintained within
the dedicated street right-of-way.
E.
This section does not apply to underground pet containment systems.
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No person shall erect, plant, permit or maintain on any premises
owned by him, or in his possession or under his control, a fence whose
maximum height above ground level exceeds the following limits, along
or within the setbacks established by:
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A.
Walls and fences shall be constructed of high-quality materials and
of good appearance, such as decorative blocks, brick, stone, treated
wood, redwood, cedar, vinyl, wrought iron or similar materials.
B.
Fences shall be constructed so that the structural supporting elements
are located on the inside (facing away from the street or adjoining
properties), unless the fence is designed to show part of the support
element whereas only half of the support element may show per side.
C.
Galvanized steel chain-link fencing or vinyl-coated chain-link fencing
may be used. This type of fencing shall not be used in the front yard
or past the front setback of the home.
D.
Agricultural mesh fencing and poles may be used for the protection
of gardens, trees, shrubs and other plants that may be endangered
by animals.
E.
Fences may be located on the property line on any side or rear yard
not abutting a street, provided that all maintenance, including staining
or painting, can be performed without trespassing on neighboring property
either as a function of fence design or through a maintenance easement
agreement with the neighboring property owner which shall be recorded
with the County Register of Deeds.
F.
Architectural designed fences must be approved by the Building Inspector.
G.
No person shall use rope, string, wire products, including but not
limited to chicken wire, hog wire, wire fabric, barbed wire (except
as allowed in other sections of this Code), razor ribbon wire, field
wire, barbless wire, agricultural mesh, and similar welded or woven
wire fabrics, chain, netting, cut or broken glass, paper, metal panels,
plywood, fiberglass panels or plastic panels in any fence or any other
materials that are not manufactured specifically as fencing materials.
The Building Inspector may require the applicant to provide the manufacturer's
standards to establish the intended use of a proposed fencing material.[1]
H.
No person shall construct a fence of wood, metal or plastic products
that are designed specifically for uses other than fence construction.
I.
No person shall construct a fence of used, damaged or unsafe materials.
J.
No person in residential zones shall weave or use slats of any material,
including but not limited to metal, fiberglass, or bamboo, through
a chain-link fence to create a blind fence, screening fence or any
other type of fence addressed in this chapter.[2]
K.
Used materials, equipment and devices shall not be reused unless
it can be determined by the Building Inspector that they meet the
requirements of the Building Code for new materials.[3]
L.
No person shall place, erect, install, build, construct, add as a
repair item, use and/or maintain any fence or barrier consisting of,
or made of what is commonly known as, railroad ties, blocking lumber,
pallets, or similar materials.
M.
No barbed wire or electrically charged fence shall be erected, permitted,
or maintained. No agricultural-style metal fence posts shall be exposed
to view, no snow fence materials shall be used for permanent fencing
and no single or double strands of wire shall be used for a temporary
or permanent fence.
N.
No fence shall be erected, permitted or maintained which has sharp
or pointed pickets, nails, spikes or other sharp objects or is otherwise
dangerous to life or limb.
A.
All premises or areas which are permitted outdoor storage of materials,
including but not limited to bulk storage, inoperable vehicles, automobile
parts, scrap metal, lumber, and building materials, which use garbage
cans, dumpsters or other permitted outdoor refuse collection and storage
shall be completely enclosed by a fence not less than six feet nor
more than eight feet in height to screen such areas from ordinary
public view. Such fence shall be 90% opaque.
B.
No materials or refuse stored may protrude above the height of the
fence.
C.
All screening fences required under this section shall be required
to be constructed of materials of a similar or complementary texture,
color and style as any principal structure located on the premises.
Any fence which was erected in compliance with the requirements
of the then existing Allouez Village Code but which does not now conform
to the provisions of this chapter shall not be altered, enlarged or
replaced without making the entire fence conform to the provisions
of this chapter and all other applicable Village ordinances.
A.
Barriers around a swimming pool are deemed to be necessary for the
safety of children, shall be erected to comply with the provision
of other applicable ordinances, shall be deemed to be fences, and
shall be permitted subject to the provisions of this chapter.
B.
All outdoor swimming pools, hot tubs, wading pools, ponds, and spas
having a depth of 18 inches or greater, existing and hereafter constructed,
shall be isolated from adjoining properties by a fence no less than
48 inches in height, with a maximum gap of four inches, of good appearance,
and which is constructed and maintained so as to prevent the unguarded
entry of small children. Any gate leading from the pool area to any
open adjoining property shall be constructed with a latch so as to
be capable of being locked and shall be closed and secured so as to
prevent unlatching by persons outside the pool area when the pool
is not in use. An aboveground pool with self-provided fencing is deemed
to comply with the provisions of this section, provided that such
self-provided fence is a minimum of six feet in height, is sufficient
to prevent the unguarded entry of small children, and conforms to
all other applicable ordinances of the Village. No fence shall be
required for spas or hot tubs with a safety cover complying with ASTM
F1346 which is closed when not in use.
C.
Where an on-ground residential pool structure is used as a barrier
or where the barrier is mounted on top of the pool structure, the
following shall apply:
(1)
An on-ground pool wall, itself, shall be permitted to be the barrier where the pool structure is on grade and the wall is at least 48 inches above grade for the entire perimeter of the pool and complies with the requirements of Subsection B.
(2)
Where the means of access is a ladder or steps, the ladder or steps
shall be capable of being secured, locked or removed to prevent access
or the ladder or steps shall be surrounded by a barrier that meets
the requirements of this section.
(3)
When the ladders or steps are secured, locked or removed, any opening
created shall not allow the passage of a four-inch-diameter sphere.
(4)
The barrier shall be installed in accordance with the manufacturer's
instructions.
D.
Exceptions. The Village encourages multiple layers of protection
for the public safety, such as the fencing required above, and use
of any of the following exceptions. It is the homeowner's responsibility
to insure the safety of all pools on private property so as to mitigate
against the risk of injury or drowning death. Fencing, however, shall
not be required if the:
[Added 11-5-2019 by Ord. No. 2019-09]
(1)
Pools, ponds or spas with locking and solid structural covers meet
the following criteria:
(a)
Upon the submission of the building permit for such locking
and solid structural covers, the property owner shall provide signed
letters (including name, address and phone) from all property owners
within 100 feet of the property line indicating that they have been
notified of the exception.
(b)
Such locking and solid structural covers shall be installed
in accordance with all manufacturer's requirements and recommendations.
(c)
Such locking and solid structural covers shall be inspected
annually by a professional pool company. Evidence of such inspection
shall be submitted to the Zoning Department.
(d)
Such locking and solid structural covers shall be insured. Evidence
of insurance shall be submitted to the Zoning Department upon request.
(e)
Such locking and solid structural covers shall be in place and
locked whenever the pool, pond or spa is not in use and/or unsupervised
by an adult.
(2)
Pools, ponds or spas completely enclosed within a building.
(3)
As determined by the Zoning Department that the pool, pond or spa
does not affect the safety, health, or welfare of the residents or
the community and does not annoy, disturb, injure, or endanger the
comfort, repose, health, peace or safety of others.
There shall be a vision clearance triangle in each segment of
land at each intersection of two or more streets. Such vision clearance
triangle shall be bounded by the street right-of-way lines and a vision
clearance setback line connecting points on each right-of-way which
are located a distance of 30 feet back from the intersection of the
right-of-way lines. No fence, wall, hedge or any other structure,
planting, or obstruction shall be erected, permitted or maintained,
except that there is permitted one post or tree trunk which may not
exceed four inches in diameter, in the area from a line 30 inches
above to the line 12 feet above the sidewalk line.
A.
Every fence shall be maintained free of structural impairment and
major surface defects or shall be removed at the fence owner's
expense. Repairs required to correct any such deficiency shall be
performed within 30 days from the date of damage.
[Amended 6-7-2016 by Ord.
No. 2016-07]
B.
Every fence shall be maintained free of minor structural impairment
and minor surface defects or shall be removed at the fence owner's
expense. Repairs required to correct any such deficiency shall be
performed within 15 days from the date of damage.
[Amended 6-7-2016 by Ord.
No. 2016-07]
C.
Hedges shall be trimmed or confined to the property on which they
are planted.
