(a) Definitions. The following words and terms shall have the meanings herein provided in this Section:
(1) Arbor. A decorative solid or latticework structure or trellis which is used as an entrance focal point along a barrier which serves the purpose of a fence.
(2) Berm. A mound of earth higher than the final elevation of a lot.
(3) Fence. An enclosed barrier or vertical screen device consisting of wood, stone, vinyl or metal intended to limit ingress or egress and/or provide privacy and containment. This definition also includes, but is not limited to, trellises, railings and walls when used around the perimeter of a property.
(4) Fence, Agricultural/Farm. A fence meeting the agricultural fence standards of Chapter 90, Wis. Stats., consisting of wire strands, high tensile strands or other types of material used for agricultural purposes meeting the statutory requirements.
(5) Fence, Architectural or Aesthetic. A fence constructed to enhance the appearance of the structure or the landscape.
(6) Fence, Boundary. A fence placed on or within five (5) feet of the property lines of adjacent properties.
(7) Fence, Good Neighbor. A fence constructed of solid or spaced boards where the face boards are installed at the center of the posts so that the fence looks the same from both sides.
(8) Fence, Protective. A fence constructed to enclose a hazard to the public health, safety and welfare.
(9) Fence, Security. A fence designed for protection of a site, of an open-type similar to woven wire or wrought iron fencing, not exceeding eight (8) in height.
(10) Install, Installation, Installed. To construct, erect, install, place, or replace over sixteen (16) lineal feet.
(11) Lot, Double Frontage. An interior lot having street frontage on the front and the rear of the lot.
(12) Trellis. A frame or structure of open latticework.
(b) Fence Permit Required. No person shall install a fence in the Village of Edgar without first obtaining a fence permit from the Village, including special purpose fences under Subsection (n), paying the required permit fee prescribed by Sec. 1-3-1, and complying in all respects with the terms and conditions of this Section. A fence permit shall be valid only for the term of issuance, unless sooner revoked. A fence permit is not required for painting, maintenance, or repair or replacement of less than sixteen (16) lineal feet of a fence within a five (5) year period. A fence permit may include reasonable conditions required by the Village. A fence permit application shall be filed with the Village and include the following:
(1) Fee Payment. Payment of the permit fee and completed application forms required by the Building Inspector, Zoning Administrator or Village Administrator.
(2) Plan. A drawing, site plan or plat map displaying property boundaries, the location of buildings and structures on the property, the proposed location of the fence and its distances from other structures on the parcel.
(3) Design Information. Accurate design information for the proposed fence, including height and materials to be utilized.
(4) Leased Property - Owner's Consent. If the fence is proposed to be installed on leased or rented property, the written consent of the owner.
(c) Responsibilities of Property Owner; Location Determination.
(1) Proper Location Responsibility. The property owner installing a fence is solely responsible for ensuring that the fence is properly located on his/her property, and is in compliance with height, setback, vision clearance and materials requirements. If uncertainty exists regarding the actual location of lot lines, it is the owner's responsibility to secure a lot survey.
(2) Covenant/Easement Compliance. The property owner is responsible for complying with any private subdivision covenants or deed restrictions or utility easement(s) restrictions, including any applicable plan review/approval requirements.
(d) Fence Installation General Requirements. No fence shall be installed except in strict compliance with this Section:
(1) Digger's Hotline. Prior to fence installation, the applicant shall contact Diggers Hotline service to have the project site marked.
(2) Good Neighbor Placement Requirement. Structural and support components of a fence shall face internally into the applicant's lot, facing away from adjacent properties. Fences shall be installed with the finished side facing adjacent properties or the public right-of-way. Fence posts shall be located on the inside of the fence facing the property on which the fence is located, except when the style of fence is of a design commonly known as a "Good Neighbor Fence."
(3) Grade; Contour. Fences shall be installed plumb and the top finish of the fence shall be uniform. Fences shall follow the contour of the ground to the extent practical. Adjustments for grade shall occur at the bottom of the fence.
(4) Height. Fence height shall be measured from the surface of the ground immediately below the fence. Berms, retaining walls or other methods to raise the elevation of the fence site shall require approval by the Building Inspector prior to installation. The height of fences and walls shall be measured vertically from the finished grade on the exterior side of the fence. Raising the finished grade by placing fill solely for the purpose of adding additional height to a fence is prohibited. If a fence is placed on a berm, the berm shall be included in the height of the fence and the height will be measured vertically from the base of the berm.
(5) Placement Near Sidewalks. Fences shall be installed no closer than six (6) inches to a public sidewalk.
(6) Fence Placement Where Utility Easements Exist. Where there is an existing utility easement, no fence may be located closer than three (3) feet to such utility easement. In newly platted land divisions, fences shall be located then (10) feet from the utility easement.
(e) Approved Fence Materials.
(1) Proper Materials. Fences located in side and/or rear yards of residential parcels shall be constructed using materials suitable for residential-style fencing, including, but not limited to: brick, fieldstone, wrought iron, vinyl, chain link [with a required top rail support and a minimum nine (9) gauge thickness], split rail wood, stockade or board- on-board wood.
(2) Open Visibility Standard. Residential front yard fences shall be fifty percent (50%) open (see-through) and be of wrought iron, picket or split rail design. Chain link fencing is permitted in side or rear yards only and its use is not permitted in residential front yards.
(3) Agricultural Fences. Agricultural/farm fences shall only be permitted in agriculturally-zoned or used districts, as determined by the Village, and shall comply with Ch. 90, Wis. Stats.
(4) Improper Materials. No fence shall be constructed of used, discarded or scrap materials in disrepair, including, but not limited to, pallets, tree branches/stumps, crates, vehicle parts, refuse or other similar items. Materials not specifically manufactured for fencing, such as doors, railroad ties, landscape timbers or utility poles shall not be used in fences. Fences shall not be constructed of luminous materials or smooth or corrugated metal materials.
(5) Finish. All fences, including privacy fences, shall only be painted or stained in neutral colors.
(f) Modifications to Existing Fences. All modifications to a pre-existing fence shall comply with this Section. Any existing fence shall not be enlarged, extended or replaced for more than sixteen (16) linear feet in a three (3) year period except in compliance with this Section.
(g) Height and Placement of Residential Fences Regulated.
(1) Height. Residential fences six (6) feet or less in height are permitted with a two (2) foot setback on rear and side lot lines, but shall not continue beyond the front of the principal structure or the required front yard setback, whichever is furthest from the street right-of-way. A fence may be placed on a rear or side lot line provided both property owners consent in writing and a copy of such agreement is filed with the Village Administrator per Subsection (h). Residential fences less than or equal to four (4) feet in height are permitted in the street/front yard setback area but shall not be closer than two (2) feet to any public right-of-way and shall not exceed two and one- half (2-1/2) feet in height in a vision clearance triangle [see Subsection (j) below].
(2) Narrow Lot Standards. In any residential district or on any lot or premises, the principal use of which is for residential purposes, no lengthwise fence or other lengthwise barrier or obstruction shall be erected, placed, installed or reinstalled in any area where there is a distance between main residential buildings of ten (10) feet or less.
(3) Non-Residential Fences Adjacent to Residential Parcels. No fence or wall shall be erected, placed or maintained along a lot line on any non-residentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight (8) feet.
(h) Setback for Residential Fences.
(1) Fence Setback With No Adjacent Owner Consent. Fences in or adjacent to a residential property (or property primarily residential in use) are permitted along lot lines with a minimum two (2) foot side and rear yard setback without permission from adjacent property owners.
(2) Fence Setback With Adjacent Owner Consent.
a. Fences may be placed on property lines only with the written approval of adjoining property owners, a copy of which shall be provided to the Village; such fences shall fully comply with the permit and standards requirements of this Section.
b. If a new fence is constructed or erected on a property line without the express written consent of the adjoining property owner, whether proper permits have been issued or not, a written complaint may be filed with the Zoning Administrator, who shall give notice to the owner of the fence to remove the fence. If the owner does not comply within thirty (30) days from the date of notification, the Zoning Administrator may request the Village of Edgar to remove it at the owner's expense.
(3) Front Setback Areas. Fences may be constructed alongside lot lines but shall not extend into the front setback area as extended to the side lot lines.
(i) Industrial/Commercial Security Fences. Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed eight (8) feet in height and shall be of an open type similar to woven wire or wrought iron fencing.
(j) Corner Lot Vision Clearance Requirements.
(1) Standards. In order to provide adequate vision clearance on comer lots, no fence shall be erected or maintained within the triangular space formed by two (2) intersecting street, alley, or driveway (public or private) property lines and a line joining points on such property lines (or projections thereof) located less than:
a. A minimum of twenty (20) feet from the intersection of the two street property lines;
b. A minimum of fifteen (15) feet from the intersection of the two alley property lines; or
c. A minimum of ten (10) feet from the intersection of the two driveway property lines.
(2) Determination. Street or alley property lines are measured from the right-of-way or easement lines establishing such street or alley. Driveway lines are measured from the easement establishing such driveway, or, in the case of no easement, from the edge of the driveway surface.
(k) Prohibited Fences.
(1) Dangerous Condition; Barbed Wire. No fence shall be constructed which is of a dangerous condition, or which uses barbed wire, provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are eight (8) feet above the ground or height and project toward the fenced property and away from any public area.
(2) Electric Fences. Fences which conduct electricity or are designed to electrically shock are prohibited within the Village.
(3) Improper Wire Fencing. No woven, twisted, welded or interlaced wire fence or farm- type woven wire, such as using chicken wire, shall be located in a non-industrial district, unless such fencing is ornamental in character.
(4) Improper Wood-Slat Fencing. No wood-slat or plastic snow fence shall be permitted as a regular use in a Residential District, except as a temporary use under Subsection (m).
(5) Post-Only Fences. No fence shall consist solely of fence posts or be maintained as an incompletely constructed fence consisting only of posts and supporting members.
(1) Fences to be Repaired; Corrective Action.
(1) Good Repair Requirement. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property. Fences shall be maintained in a manner 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 by the owner in such a way that it will remain plumb and in good repair.
(2) Compliance Standards for Existing Fences. Any existing fences which do not conform to the requirements of this Section and which are damaged, or in need of repair to the extent that exceeds fifty percent (50%) of the then value of the fence, said entire fence shall either be completely dismantled or reconstructed in compliance with the provision of this Section.
(3) Failure to Maintain. All new and existing fences shall be maintained in such a manner so as not to allow rust, dents or deterioration to take place. Failure to maintain a fence in good condition and repair will result in the Village issuing an order to the property owner to take whatever steps are necessary to correct the condition. Said notice shall set forth a reasonable time for compliance and shall set forth a notice that failure to comply will result in a violation and with a penalty set forth in Section 1-1-6.
(m) Temporary Fences; Permit Not Required.
(1) Standards. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four (4) foot intervals. Such fences shall comply with the setback requirements set forth in this Section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than forty-five (45) days.
(2) Seasonal Fences. This Section is not intended to regulate seasonal or temporary fences such as garden or snow fences except that such fences shall be removed when the condition or season for the said fence was erected no longer exists. Under no circumstances shall a snow fence be erected for more than five (5) months.
(n) Special Purpose Fences.
(1) Swimming Pool/Hot Tub Fences. Swimming pool and hot tub fences shall comply with the requirements of Section 13-1-203.
(2) Pet Enclosures; Dog Runs. Pet enclosures and dog runs shall be permitted in residential districts subject to the following conditions:
a. No fence permit is required prior to installation of a pet enclosure or dog run.
b. No pet enclosure or dog run shall be in excess of two hundred and fifty (250) square feet in area, or be more than six (6) feet in height above the surface of the ground.
c. Pet enclosures and dog runs may be constructed of any material permitted for a residential fence.
d. No pet enclosure or dog run shall be constructed contrary to required vision clearance area requirements.
e. Pet enclosures and dog runs shall be located no closer than ten (I 0) feet to a side or rear lot line, and shall not be located to the front of the principal structure.
(3) Anhydrous Ammonia Sites. Anhydrous ammonia tank sites shall be fenced as prescribed in Section 8-1-13.
(o) Nonconforming Fences. Any fence existing on the effective date of this Chapter and not in conformance with this Section may be maintained, but alterations, modifications or improvements of more than fifty percent (50%) of said fence shall require the owner to bring the fence into compliance with this Section.