FENCE REGULATIONS

 

(1)  Residential:

 

(a)        Fences will be permitted on the property line except that no fence shall be located closer than 2' to any right-of-way. On the side and rear yard, the height shall not exceed six (6) feet in height. In the street yard, fences shall be an open type (50% or less opaque) and shall not exceed four (4) feet in height. In those cases where the rear yard is a shore yard, fences located between the shore yard setback line and half the distance to the ordinary high water mark shall adhere to the rear yard standards. The remaining shore yard shall adhere to the street yard standards.

 

(b)        Fences on the property line of a through lot abutting an access restricted right-of-way shall be allowed at the rear yard height and opacity standards.

 

(c)        No fence in any residential district shall consist of, or contain, 8-18 gauge single strand wire commonly known as ‘barbed wire’, nor shall any fence be electrified. Farm fences adjacent to a residential district are exempt from this restriction.

 

(2)  Commercial:

 

(a)        Security fences are permitted on the property lines, but shall not exceed ten (10) feet in height and must be of an open type similar to woven wire or chain link fencing.

 

(b)        Where commercially zoned property abuts public or residential property, a solid wood fence may be required and administratively approved in the side or rear yard at a maximum height of 10'. Administrative review and approval may address such things as visual impact on adjacent properties, security needs, additional screening requirements, type of fence construction, etc.

 

(3)  Industrial:

 

(a)        Security fences are permitted on the property line, but shall not exceed ten (10) feet in height. Fences shall normally be of an open type similar to woven wire or chain link. Where opaque slats inserted into the fence will serve to prevent visual detriment to adjacent properties, the slats may be administratively allowed provided that vision clearances at driveways and/or intersection are maintained.

 

(b)        Where industrially zoned property abuts public or residential property, a solid wood fence may be required and administratively approved in the side or rear yard at a maximum height of 10'. Administrative review and approval may address such things as visual impact on adjacent properties, security needs, additional screening requirements, type of fence construction, etc.

 

Town Fencing Ordinance

 

(1)                Fence Regulations General:

 

(a)                All fences placed on property zoned or used for residential purposes shall comply with the provisions of this section.  The regulations contained herein shall be deemed to be in addition to regulations existing under the Winnebago County Code or Ordinances or Zoning Regulations.

 

(b)                Definition. For the purpose of these provisions a fence is herein defined as an enclosing barrier consisting of vegetation, wood, stone, or metal, intended to prevent straying from within or intrusion or access from without.  For the purpose of these provisions the term fence shall be construed to include plantings such as hedges.

 

(c)                Purpose.  Fences are further defined as to their general purpose as follows:

 

(1)                "Boundary Fences."  A fence placed on or near the boundary lines common with adjacent properties to indicate the location of such boundaries.  No boundary fence or wall shall be erected or planted along residential property lines with any portion closer than 6 inches to the lot line unless adjoining property owners have consented in writing to install a fence or wall on the property line.

 

(2)                "Protective Fences."  A fence constructed to enclose a hazard to the public health, safety and welfare.

 

(3)                "Architectural or Aesthetic."  A fence constructed to enhance the appearance of the structure or landscape.

 

(2)                Height of Fence:

 

(a)                Boundary fences including hedges or row planting in the front yard shall not exceed 4 feet in height.  Boundary fences on the side and rear yard shall not exceed 6 feet in height except that hedges may be permitted to grow to a natural height of 10 feet.

 

(b)                Protective fences shall be not more than 6 feet in height.

 

(c)                Architectural or aesthetic fences placed in an area between the building setback line and the abutting street line shall not be constructed to a height of more than 3 feet 6 inches in height.  Architectural or aesthetic fences placed in the rear or side of yard shall not be more than 6 feet in height, except where a side yard has an abutting street line, in which the planting or fence shall not exceed 3 1/2 feet in height.

 

(3)                Vision Corners:

 

No owner of any residential property or occupant of any residential property abutting a public street shall permit any trees, shrubs, bushes, weeds, signs, structure, wall or fences on his property to be so placed and maintained as to obstruct the vision of a user of a street at its intersection with another street or public thoroughfare.  There must be a vision corner on all corner lots located in zoning districts that require a minimum 20 feet setback from street property lines.  The vision corner is described as a triangular area enclosed by a straight line connecting a point on each street right-of-way which point is 50 feet from required setback.  Fences, walls, signs or structures erected or allowed to exist upon said property in such vision corner shall not exceed 3 feet in height.  Said fences, walls signs or structures shall be a minimum of two-thirds open to vision equally distributed throughout the fence length and height located within the defined vision corner.  Plantings in such vision corner must be maintained in such a fashion as to provide unobstructed vision from 2 1/2 feet above the centerline elevation of the abutting pavement to 10 feet above the said centerline elevation.

 

(4)                Materials:

 

Barbed wire fences, electrical fences, spike or sharp picket fences, single, double and triple strand fences, or fences constructed of any other material that shall be deemed to create a nuisance or a hazard are hereby prohibited.

 

(5)                Exceptions:

 

Protective fences and boundary fences on publicly owned lands or semipublic lands such as church, school education institutions, utility substations, etc. are excluded from the provisions of this section, except that where such fences incorporate the use of barbed wire such barbed wire shall not be less than 7 feet above ground level. Arms or extensions which project from the fence must project into the lot proper.