2019-748 ORDINANCE NO. 2019 - 748
An ordinance repealing JGO Chapter 8.12, amending various portions of Chapter
18.32, and creating JGO Section 18.32.035 to establish new fence regulations with
penalties and other relief for violations thereof as set forth in JGO Chapter 18.28.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 8.12 of the Code of General Ordinances of the City of
Janesville is hereby repealed in its entirety:
CHAPTER 8.12 BARBED WIRE AND ELECTRIC FENCES
8.12.010 Prohibited.
wire is allowed only on properties located in Industrial Zoned Districts or in other districts at
located.
{Ord. 77 46 § 9, 1977)
8.12.020 Violation Penalty.
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penalty not to exceed $100.00, together with the cost : e - - e-, : •- • e • •• -, - -e
in default of the payment of such penalty shall be imprisoned not more than 30 days. Each
day's continuance of any violation constitutes a separate offense.
SECTION II. Sections 18.32.030 A. 11 . and 18.32.030. A. 12. - Permitted
obstructions in required setback areas of the Code of General Ordinances of the City of
Janesville are respectively hereby amended to read as follows:
A. Except as otherwise regulated herein for a specific permitted or conditional use,
the following accessory buildings, structures, and uses are permitted and may be
allowed obstructions in required setback areas where indicated by an X:
Front
Interior
Setback and Side Rear
Corner Side Setback Setback
Setback
11. Fences, subject to compliance with JGO X X
18.32.035 Fences. walls and hedges up to 6 feet in
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
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
comply with subsection 12. Fences shall be
constructed only of material manufactured for use as
residential fencing, and ncv- -- - - •- - :
kind, unless approved by a Building Official. A plan
submittal to the Community Development
Department and a permit is required for each fence.
The maximum height of fences in commercial and
industrial districts shall not exceed 12 feet in height
or such height as may be approved by the Site Plan
Review Coordinator for a specific fence.
12. Hedges are permitted within X X X
all setbacks, except that hedges may be no greater
than 30 inches in height when located within the front
or corner side setbacks and 6 feet where located
within rear and interior side setbacks. no greater
similar fences which are at least 50 percent open
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
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Development Department and a permit is required
for each fence.
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and not within a front yard setback.
conforming prior to 11/13/00.
NOTE: This amendment to 11. and 12. regulates fences by:
Requiring that structural supports be placed inside of the lot on which the fence is
located,
• - - - - - - - - -- -
Prohibiting Fences not constructed of material manufactured for use as fencing unless
approved by a Building Official, and
Requiring a permit with plan submittal to the Code Administration Department prior to
construction.
SECTION III. Section 18.32.035 of the Code of General Ordinances of the City of
Janesville is hereby created to read as follows:
18.32.035 Fences
A. PERMIT REQUIRED. No person shall cause or allow the installation, construction,
erection, placement, or replacement of a fence in the City of Janesville without first
obtaining a fence permit. Exception —When all other provisions of this Chapter are
met, a fence permit is not required for:
1. The installation, repair, or replacement of any fence less than 16 feet in length.
2. Underground electrical fences, such as an invisible pet fence.
3. Decorative fences not exceeding 2 feet in height shall be permitted in all districts.
Such fences shall not be placed in any manner which presents a hazard to
pedestrians on any public or private sidewalk.
4. Temporary fences where permitted by this Chapter.
5. Chicken runs as defined in Section 6.12.010 of the Code of General Ordinances.
B. APPLICATION. A written application shall be filed with the Building Division and
shall include a drawing, a site plan or property survey displaying the property lines,
and adjoining streets, the location of all buildings and structures on the property, and
the proposed location of the fence.
C. FEE: An application fee, established and amended from time to time by Common
Council resolution, shall be paid to the City when the application is filed.
D. CERTIFICATE OF APPROPRIATENESS REQUIRED. For fences proposed to be
installed on a property located in an historic overlay district, a Certificate of
Appropriateness shall be required.
E. FENCE TYPES.
1. Privacy Fence: A privacy fence is one which is opaque or provides 0 to less
than 50 percent visibility through the fence. The degree of visibility is measured
by the open space through which light is able to pass through the fence. Visibility
is measured through one or multiple planes of fencing.
a. Privacy fences located within the front and corner side yard setbacks may be
no greater than 30 inches in height.
b. Privacy fences are permitted within the interior side and rear yard setback
areas.
c. Privacy fences are subject to all provisions of this Chapter.
2. Semi-transparent fence: A semi-transparent fence is one which provides 50
percent or greater visibility through the fence. The degree of visibility is
measured by the open space through which light is able to pass through the
fence. Visibility is measured through one or multiple planes of fencing.
a. Semi-transparent fences are permitted within all setback areas, subject to all
provisions of this chapter.
F. FENCE HEIGHT. The height of fences shall be measured vertically from the
finished grade on the interior side of the fence. If a fence is placed on a berm, the
berm shall be included in the height of the fence and the height shall be measured
vertically from the base of the berm. Support posts shall not extend more than 3
inches above the top line of the fence, except for decorative caps, knobs, or finials
as designed by a manufacturer.
1. Fences in the Front Setback Area. Fences installed in the front setback area
shall comply with the following height requirements, subject to all other
requirements of Section 18.32.035:
a. In residential zoning districts and where residential uses exist or are permitted
to exist in other zoning districts, semi-transparent fence height shall not
exceed 4 feet.
b. In business and office zoning districts, semi-transparent fence height shall not
exceed 4 feet.
c. In industrial zoning districts, semi-transparent fence height shall not exceed
12 feet.
d. Privacy fencing cannot exceed 30 inches in height in the front setback area
for all zoning districts.
2. Fences in the Corner Side Setback Area.
a. In residential zoning districts and where residential uses exist or are permitted
to exist in other zoning districts, semi-transparent fence height shall not
exceed 6 feet.
b. In business and office zoning districts, semi-transparent fence height shall not
exceed 6 feet.
c. In industrial zoning districts, semi-transparent fence height shall not exceed
12 feet.
d. Privacy fencing cannot exceed 30 inches in height in the corner side setback
area for all zoning districts.
3. Fences in the Interior Side and Rear Setback Areas. Semi-transparent and
privacy fences installed in interior side and rear setback areas shall comply with
all other requirements of this Chapter and the following requirements:
a. In residential zoning districts and where residential uses exist or are permitted
to exist in other zoning districts, fence height shall not exceed 6 feet.
b. In business and office zoning districts, fence height shall not exceed 8 feet.
c. In industrial zoning districts, fence height shall not exceed 12 feet.
4. Overlapping Setback Areas . In areas where the front setback and interior side
setback areas overlap, the standards of fence height for front setback areas shall
apply.
G. FENCE INSTALLATION. No person shall cause or allow the installation,
construction, erection, placement, or replacement of a fence, or any portion thereof,
except in strict compliance with this section, site specific conditions, and the
following requirements:
1. Fences including all structural members and footings may be installed up to but
not on property lines. No portion of the fence shall encroach beyond the property
line.
2. It is the responsibility of the property owner(s) to locate the property lines and
warrant that the fence is properly located entirely on the property site to which
the fence permit has been issued.
3. Fences shall be installed with the finished side facing the adjacent property or
public right-of-way.
4. All fence posts must be located on the inside of the fence facing the property on
which the fence is located unless the fence is designed and constructed to look
the same on both sides of the fence.
5. Fences near street intersections. Fences may not obstruct traffic or vision of
traffic and shall provide at least 50 percent visibility through any fence or multiple
planes of fencing encroaching within the vision triangle as described in Section
18.32.020 of the Code of General Ordinances.
6. Fences near driveways. Fences near driveways may not obstruct traffic or vision
of traffic in the street or alley or along a public sidewalk. Privacy fences greater
than 30 inches in height may not be placed along driveways within a vision
triangle formed by the point of intersection between any right-of-way or alley or
driveway and the two points located 15 feet from the point of intersection along
the right-of-way line or the edge of the driveway.
7. Fences located in the R2, Limited General Residence District. Privacy fences
located in the R2 Zoning District may be positioned in the corner side setback
area 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
described in Section 18.32.035 G.S. of the Code of General Ordinances.
8. Fences on lots having multiple street frontages. Privacy fences up to 6 feet in
height may be installed in the rear and corner side yard setback areas on
properties which present more than one street frontage and the rear yard
includes frontage along a state or federal highway, county trunk highway, or town
road, subject to all of the following requirements:
a. Areas defined: State highways and county roads include the following:
1) State and Federal Highways 11, 14, 26, and 51.
2) County Trunk Highways A, D, F, G, 0, and Y.
3) Town roads located within or adjacent to the municipal limits.
4) Jurisdictional changes of the above listed roadways as deemed
appropriate by the Chief Building Official. Said fences must meet all
other requirements of this Chapter in order to be deemed appropriate.
b. Access is controlled and prohibited to the subject property from the state or
federal highway, county trunk highway, or town road where the fence would
be installed.
c. Access is controlled and prohibited to the adjacent properties from the state
or federal highway, county trunk highway, or town road for a distance of no
less than 500 feet from the subject property in either direction along the state
or federal highway, county trunk highway, or town road, or as determined by
the Chief Building Official.
d. Fences may not obstruct traffic or vision of traffic and are subject to all vision
triangle provisions of this Chapter.
H. FENCE MATERIALS.
1. Fences located in residential districts shall be manufactured for residential use.
Opaque metal of any kind is prohibited. Typical residential fence materials
approved for use are aluminum, wrought iron or steel, chain-link, wood, and vinyl.
2. Temporary fencing such as plastic or wood-slat snow fencing shall be prohibited
in all zoning districts, except as a temporary use for a special event, hazard, or
construction warning. Said fence shall be removed within 24 hours after the
conclusion of the special event or when the condition or season for which the
said fence was erected no longer exists. Temporary fencing may not be used to
enclose yard space on a property.
3. Any residential wire-type fencing material shall be 13 gauge or less thickness.
4. Prohibited Fencing Materials:
a. No fence shall be constructed of used or discarded materials in disrepair,
including, but not limited to, pallets, tree trunks, trash, tires, junk, or similar
items. Materials not specifically manufactured for fencing, such as railroad
ties, wooden doors, or utility poles shall not be used for, or in the construction,
of a fence.
b. Fences consisting of chicken wire, deer fence, hog wire, high-tensile wire
strands, which are normally used in the agricultural, farming, and livestock
business, specifically for livestock, animal, or bird control, are prohibited.
Exception: In residential districts, chicken wire of no more than 24 inches in
height may be used only to encompass rear yard, food-producing gardens.
c. No person shall erect, keep or maintain any barbed wire or electric fence,
except electric invisible dog fence, upon any premises within the City limits,
except that barbed wire is allowed only on properties located in Industrial
Zoned Districts or in other districts at the discretion of the Building Official and
so long as all such barbed wire is at least six feet above the ground. In no
case, shall barbed wire or electric fence be installed on any property being
used for residential purpose regardless of the zoning district in which it is
located.
I. PROHIBITED FENCES. No person shall install, construct, erect, place, replace or
cause to be installed, constructed, erected, placed, or replaced the following types of
fences:
1. An aboveground electric fence or razor wire fence.
2. Any wire or chain-link fence with the cut or salvage end of the fence exposed at
the top.
3. A structure that consists only of vertically placed materials with no structurally
tied cross members for support.
4. A fence that creates a potential hazard to users of the street, sidewalk, or to
nearby property.
5. A fence that has not been fully completed in accordance with the permit issued
under this section.
J. NONBOUNDARY RELATED FENCE STANDARDS.
1. Residential fences or enclosures for swimming pools shall be as permitted in
Section 15.01.280 of the Code of General Ordinances. Temporary fences may
not be used to enclose pool areas.
2. Fencing installed in Commercial and Industrial Districts and for public athletic
facilities (ex: tennis courts, baseball or softball fields) may be erected in
conformance with accepted ASTM industry standards. A fence permit shall be
required for such installations.
K. ENCROACHMENTS. No portion of any fence may extend into any adjoining public
right-of-way or public land including greenbelts, unless the owner has secured a
valid written and recorded easement for such encroachment from the City.
L. COMPLETION OF INSTALLATION. A fence authorized by a fence permit shall be
fully installed in accordance with this section and permit requirements within one
year of the date of permit issuance. No further work may be conducted thereafter
until a new permit is applied for and issued.
M. MAINTENANCE OF FENCES. Fences shall be maintained in a manner so as to
prevent rust, corrosion, and deterioration, so as not to become a public or private
nuisance, and so as not to be dilapidated or a danger to adjoining property owners
or the public. Fences shall not create an appearance of patchwork, which is
indicative of a state of disrepair. Every fence installed shall be maintained in such a
way that it will remain plumb and in good repair. A property owner or occupant of
the property on which the fence is located shall be responsible for the maintenance
of a fence as required by this subsection.
N. EXISTING FENCES. Any fence, lawfully existing upon the effective adoption date of
this section (June 25, 2019), shall not be altered, enlarged, extended, or replaced,
except in strict compliance with all of the requirements of this section and Chapter.
Except where otherwise prohibited in this section, normal maintenance thereof shall
not be a violation hereof.
O. APPEALS. A decision to deny a fence permit or issuance thereof subject to
conditions may be appealed to the Zoning Board of Appeals in accordance with
Section 18.24.020 of the Code of General Ordinances.
SECTION IV. 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: June 24, 2019 Motion by: Williams
Second by: Conley
APPROVED: Councilmember Aye Nay Pass Absent
Benson X
Conley X
Mark . reitag, City Manager Farrell X
Gruber X
/igmp' Marklein X
Williams X
�� T� Wolfe X
David T. Godek, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Building Division
Prepared by: Building Division
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