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2013-539 REVISED ORDINANCE NO. 2013 - 539 An ordinance amending Title 18, Zoning, of the Code of General Ordinances to allow certain opaque privacy fences within the corner side yard setback for corner residential properties which are generally permitted in the interior side yard and rear yard setback areas, with penalties and other relief for violations thereof as set forth in Title 18. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: Section I. Sections 18.32.030.A.11. and 12. of the Code of General Ordinances of the City of Janesville are hereby amended to read as follows: Front Setback Interior and corner Side Rear Side Setback Setback Setback 11. Fences, walls and hedges up to 6 feet in height may be permitted in the interior side and rear setback areas. Within areas zoned R2, Limited General Residence District a fence may also be placed in the corner side setback up to halfway between the corner side of the principal building and the corner side lot line provided that it does not extend into the fence vision triangle formed by the point of intersection between any right -of -way and any alley or driveway and the two points located 15 feet from the point of intersection along the right -of -way line and the alley right -of -way line or the edge of the driveway. The structural supports of the fence shall face to the inside of the lot on which it is located. Fences within the front setback area shall comply with subsection 12. Fences shall be constructed only of material manufactured for use as residential fencing, and never opaque metal of any kind, unless approved by a building official. A plan submittal to the Code Community Development Department and a permit is required for each fence. The maximum height of fences in commercial and industrial districts shall not exceed twelve feet (12') in height or such height as may be approved by the site plan review coordinator for a specific fence. X X 12. Fences, walls and hedges no greater than thirty inches in height, or picket, wire mesh or similar fences which are at least 50% open and which do not impair vision, except for fences in areas zoned R2, Limited General Residence District and are located in the corner side setback as noted in subsection 11. The structural support of the fence shall face to the inside of the lot on which the fence is located. Fences shall be constructed of material manufactured for use as residential fencing, and never opaque metal of any kind, unless approved by a building official. A plan submittal to the Community Development Department and a permit is required for each fence. X X X Note: Opaque privacy fences are only permitted within the corner side yard setback and not within a front yard setback. SECTION 11. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: December 9, 2013 Motion by: Kealy Second by: Marklein APPROVED: / Councilmember Aye Nay Pass Absent ,i� Farrell X Fitzgerald X Mark Frei , ag, City Manager Kealy X Liebert X ATTEST: Marklein X Severson X - �/ ` Voskuil X Jean : nn Wulf, City Clerk- Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department