A. Fences: The following fence regulations shall apply to all districts except the WA zone:
1. No fence, hedge or freestanding wall (not supporting a building or structure) anywhere within or bounding the front yard shall exceed forty eight inches (48").
2. An ornamental entry may exceed the maximum height in subsection A1 of this section, when constructed at the entrance to a new subdivision, planned unit development or multi-family development. No such entry shall exceed more than thirty percent (30%) of the width of the parcel at the front lot line, interfere with any clear vision zones or exceed eighteen feet (18') in height.
3. No fence or freestanding wall within or bounding a rear or side yard from the point of the front setback line shall exceed a height of six and one-half feet (61/2').
4. Open wire fences exceeding the above height may be built around schools or other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof.
5. Open wire fences exceeding the above height may be built around tennis courts and swimming pools at the discretion of the zoning administrator after giving consideration to location of planned courts or pool safety, and effects on the neighborhood.
6. Security fences are allowed in side and rear yards up to eight feet (8') in height when used to enclose commercial or industrial storage yards.
7. Barbed wire fences are allowed only in the WA, WCR and WSR zones. Furthermore, they may be allowed along the boundary of any district which directly abuts the side or rear of a WA, WCR or WSR Zone.
8. In the WCR through WR-1 Zones, usable pasture and the enclosing fence shall not be allowed in the front yard setback or closer than two feet (2') from a property line or ten feet (10') from a residential dwelling. (Ord. A-407, 3-15-1982; amd. Ord. 05-25, 11-21-2005)
B. Retaining Walls: Retaining walls help facilitate development of lots with steep terrain by leveling certain areas or inhibiting sloughing. Retaining walls can help reduce the steepness of slopes enabling the development of a lot. The purpose of these retaining wall standards is to ensure the natural topography is maintained to the greatest extent possible, that exceedingly tall walls are not constructed, that landscaping is implemented to mitigate the effects of terracing and that the scale and texture of the retaining wall complements the character of the neighborhood.
1. All retaining walls require a building permit unless clearly a wall installed for landscaping purposes.
2. Retaining walls must not exceed four feet (4') measured from adjacent finish grade on the downhill side. Where greater heights must occur, the project must use a series of terraced or stepped walls. The width of a retaining terrace must be no less than three feet (3') and must incorporate landscaping.
a. Retaining walls two feet (2') and under measured from the adjacent finish downhill grade have no setback requirement. Retaining walls above two feet (2') and up to four feet (4') in height measured from adjacent finish downhill grade must have a setback of at least six feet (6') from the property line. Retaining walls exceeding four feet (4') in height measured from adjacent finish downhill grade must meet required principal building setbacks for the zoning district.
b. Retaining walls necessary to accommodate minimum required off street parking or primary vehicle or pedestrian access to a building may be up to eight feet (8') in height from finished downhill grade. Such retaining walls are not subject to terracing but must meet all setback requirements based on wall height as noted above with the exception that retaining walls necessary for primary vehicle access or minimum required off street parking are not subject to front yard setback requirements.
c. Standard basement egress window wells are not considered retaining walls and are exempt from setback requirements if they are the minimum depth and width necessary to meet building codes.
3. If the retaining walls not located within required setbacks on a particular project are unable to meet the height limitations in subsection B2 of this section due to extreme topography or other unique land features, a proposal may be submitted to the Zoning Administrator for a waiver to these standards. Such a request must include the following information:
a. A grading plan;
b. A drainage plan;
c. Section drawings;
d. A landscaping plan;
e. An elevation showing the proposed materials; and
f. Any other items needed to show the full extent of the proposal, including a written explanation explaining the hardship and why a greater height is necessary.
4. Retaining walls in the lakeshore protection zone shall be exempt from these regulations and shall be regulated by the appropriate lake and lakeshore protection regulations. (Ord. 13-01, 1-22-2013; amd. Ord. 20-03, 3-16-2020; Ord. 23-03, 4-3-2023)