Permits/Codes

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Permits/Codes

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City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Bangor, Village www.villageofbangor.com Randy 608 486-4084 $25.00 yes/drawing 608 486-4744
City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Coon Valley, Village [email protected] Vincent 608 452-3168 N/C yes/drawing 608 452-3242
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Galesville, City www.cityofgalesville.com Jim 608-582-2475 $50.00 yes/drawing 608 582-9995
City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Holmen, Village www.holmenwi.com Jean 608 526-4336 $40.00 yes/drawing 608 526-4357

(1)Fences Defined. For the purpose of the section, a fence is herein defined as a barrier consisting of vegetation, wood, stone, vinyl, brick, fieldstone, wrought iron, or metal intended to prevent ingress or egress.  For the purposed of this section, the term fence shall include planting, such as hedges and shrubbery in the front yard.  No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

(a)  Fences to be situated in side and or rear yards shall be constructed using materials suitable for  residential-style fencing, including but not limited to , brick fieldstone, wrought iron, vinyl, chain-link with a minimum thickness of nine (9) gauge and a required tip rail support stockade or board on board wood.

(b)  No fence shall be constructed of used or discard materials in disrepair, including, but not limited to pallets, tree trunks, trash, tires, junk, or other similar items.  Materials not specifically manufactured for fencing, such as, but not limited to, railroad ties, doors, landscape timbers or utility poles shall not be used for, or in the construction of a fence.

(c)   Agricultural/farm fences shall only be permitted in agriculturally zoned or used districts and can only exceed (6) feet with a conditional use permit.

(d)  Fences associated with baseball and or softball fields and surrounding tennis courts may be erected in conformance with accepted industry standards.  A fence permit shall be required for such installation

(2)Fences Categorized. Fences shall be categorized into (6) classifications:

(a)  Boundary Fence. A fence placed on or within three (3) feet of the property lines of adjacent properties.

(b)   Protective Fence. A fence constructed to enclose a hazard to the public health, safety and welfare.

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

(d)  Hedge. A row of bushes or small trees planted close together which may form a barrier enclosure or boundary in the front yard.

(e)   Picket Fence. A fence having a pointed post, stake, pale or peg laced vertically with the point or sharp point pointing upward to form a part of the fence.

(f)    Dog Kennel Fence. A chain link enclosure which is enclosed on three or four sides in the side or rear yard of a property.

(3)Height and Set Back of Fences Regulated.

(a)  Residential fences are permitted up to the property lines in Residential Districts but shall not in any case, exceed a height of six (6) feet in the rear and side yards, shall not exceed four (4) feet in height in the front yard, shall not exceed four (4) feet in height from grade in the front, side, or rear yard setback abutting a public sidewalk, shall not encroach into any vision corner and shall not be closed than three (3) feet to any public right-of-way along a public alley.  The height of any fence shall be measured as an average and shall not include the posts or pillars to which a fence is attached.

(I)                Decorative wrought iron, brick, stone, PVC or painted picket style fences less than 48 inches (average) in height from grade or decorative lot corner landscape may be placed up to the property line in residential districts and shall not violate vision corner ordinances.

(II)             Chain link and unpainted/unstained fencing is not permitted in residential front, side or rear yards abutting a public sidewalk.

(III)           A fence located in an interior side yard between dwellings shall not exceed (4) feet in height.  However a fence may be erected to a height of (6) feet if the entire fence is constructed of wrought iron or similar open construction or if the area above four (4) feet is a least fifty percent (50%) open.  An example of the latter is a fence that is opaque to a height of four (4) feet from the side wall of that adjacent neighboring dwelling.

(IV)           A fence located in a rear yard abutting a public sidewalk may be erected to a height of  six (6) feet if the entire fence is constructed of wrought iron or similar open construction or if the area above four (4) feet is at least fifty percent (50%) open.  An example of the latter is a fence that is opaque to a height of four (4) feet and is topped with not more than two (2) feet of lattice.

(V)             All fences must be constructed and maintained in a good state of repair and appearance.  The finished side or decorative side of a fence shall face adjoining property.

(b)  No fence wall, hedge, or shrubbery shall be erected, placed maintained or grown along a lot line on any non-residentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight (8) feet.

(c)   Property owners shall locate fences no closer than three (3) feet from the property line so that each side of the fence may be properly maintained be the owner of the fence while on said owners property, unless an affidavit in recordable form is provided signed by the adjacent property owner agreeing to maintain said fence.  This requirement can be waived if a maintenance free fence is installed.

(d)  In the case of a proposed fence installation within three (3) feet of a lot line where not record of a fence existed, a survey prepared by a registered land surveyor or professional engineer is required to obtain a fence permit.  No survey is required if a recordable affidavit signed by all affected property owners establishing an agreed upon lot line.

(4)Fences on non-residential property.  Fences are permitted on the property lines, following approval through site plan and architectural review per article XVI of the village code, in all commercial and industrial zoning districts but in no case shall not exceed a maximum of eight (8) feet in height in commercial zoning districts and ten (10) feet in height in industrial districts.  Ultimately all fence materials, heights and locations shall be determined through the processes outlined in article XVI

(5)Prohibits fences.  No fence shall be constructed which is in a dangerous condition or which conducts electricity or is designed to electrically shock or which uses barbed wire provided however if the devices securing the barbed wire to the fence are no more than ten (10) feet above grade and project toward the fenced property and away from public area.

(a)  No person shall construct or install

(1)  Any wire or chain-link type fence with the cut or salvage end of the fence exposed at the top

(2)  A fence which creates a hazard to users of the street, sidewalk or to nearby property

(3)  An incomplete fence consisting only of posts and supporting members

(4)  A fence on a vacant lot or parcel

(6 )Fences to be repaired.  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

(6)Temporary Fences.  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 internals.  Such fence 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 project, shall only be for the duration of said construction project.

(8) Nonconforming Fences and Hedges.  Any fence or hedge existing on the effective date of this code of ordinances shall not be modified, enlarged, extended or replaced, except in strict compliance with all of the requirements of this ordinance.  The replacement of a non-conforming fence as to height , setbacks (vision corner requirements shall still be met) or fence material type may be made provided that the fence material be the same or higher grade as outlined below:

                        i           chain link

                        ii          chain link with PVC coating

                        iii         stained treated wood

                        iv         cedar

                        v          vinyl

                        vi         wrought iron or aluminum

                        vii        field stone or brick (does not include split face block)

(9) Fences required under conditional use permits.  An opaque fence of six (6) feet in height may be required on property for which a conditional use permit is granted in those cases in which such a fence is determined to be beneficial to the health, safety, or welfare of the public or adjoin property owners.  Such fence shall comply with material requirements as specified hereunder.

(10) Permit Required.  A village of Holmen fence permit is required for any newly installed fence or for a total fence replacement.  A fence permit fee shall be paid at the rate established in the annual fee schedule, commercial, industrial or multi- family fences must adhere to article XVI of the Village Code.

(11) Vision Clearance.  No fence, structure, post, pillar or object of natural growth shall hereafter be maintained or allowed to grow higher in the vision clearance area than thirty-six (36) inches above the highest grade of the adjacent sidewalk or the required sidewalk grade where no sidewalk exists.  This provision shall likewise apply to alley vision clearance areas.

(a) The requirement of vision clearance shall not apply at a height of six (6) feet or more above   the highest grade of adjacent sidewalk or the required sidewalk grade where no sidewalk exists.

(b) Objects of narrow width, which do not exceed then (10) inches in diameter, which do not impair corner vision, may at the discretion of the inspection Department be permitted in the vision clearance area.

(c) Right of way. All permanent fences shall be located outside the public right of way.

(d) Public Nuisance. Obstruction to visual clearance as regulated by this section, shall be deemed to be a public nuisance and the Inspection Department, Police Department and Village Attorney are authorized to abate said nuisance, and to enforce penalties in accordance with section 195-53 of the Village Code.

(12) Obstruction of Ingress/Egress Area of a Dwelling. No fence shall be installed in any yard that will shield any window or opening in a habitable space of a dwelling.  A minimum distance of six (6) feet shall be maintained between any solid fence and any such window or opening in a dwelling.

(a)  The fire department and inspection department may approve a fence adjacent to a required ingress/egress opening of a dwelling between four (4) feet and six (6) feet if the fence has one of the following feature

(i) for basement ingress/egress openings or gate shall be the width of the ingress/egress opening or four (4) feet whichever is greater with no ability to lock or secure said gate, or a four (4) foot wide approved breakaway fence panel and the area on both sides of the gate/fence shall continuously be free from all obstruction including vegetation and snow and ice buildup and shall swing or break away in the direction of egress.

(ii)for ingress/egress opening above grade, the fence opening or gate shall be the width of the ingress/egress opening or four (4) feet whichever is greater with no ability to lock or secure said gate, or four (4) foot wide approved breakaway fence panel, or the top of the fence shall be no taller that the bottom of the sill of the ingress/egress opening and the area on both sides of the gate/fence shall continuously be free from all obstructions including vegetation and snow and ice buildup and shall swing or breakaway in the direction of egress. 

(13) Fences permitted without a permit.  The following types are permitted, as specified, without a permit, subject to the following restrictions and providing that said fence does not in any way interfere with traffic visibility or block redirect or cause a drainage problem for the adjacent or downstream properties.

(a) Snow fencing shall be permitted in all districts not exceeding four (4) feet in height provided it is removed between April 1 and December 1 of each year.  No snow fence shall extend into the street right of way line unless installed by the Village or a contractor having a building permit from the Village.

(b)Agricultural/farm fences are limited to agriculturally zoned or used districts.  An agricultural/farm fence is a fence consisting of chicken wire, deer fence, hog wire, high tensile, wire strand and barbed wire used in the agricultural, farming and livestock business specifically for livestock, animal and bird control.

(c) Fences not exceeding two (2) feet in height shall be permitted in all district. Such fences shall not be place in any manner which presents a hazard to pedestrians on any public or private sidewalk.

(d) Underground electrical fences are permitted in all districts.

(14) Penalties.  Any person, firm or corporation who or which violates, disobeys, neglects, omits or refuses to comply with or who or which resists the enforcement of any of the provisions of this section shall be subject to penalties per section 195-53 of the Village Code.

Section 2. Effective date. This ordinance shall become effective on the date of passage following publication: May 9, 2013

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
La Crescent, City [email protected] Shawn 507-895-4409 $15.00 yes/drawing 507-895-8694

The following information must be submitted to the building department before a fence permit can be processed and approved; more detailed information is listed below.

 Permit Application Form

 After a preliminary review, additional information may be required.

 Permit Application Form:  Application forms are available for all fences that are to be installed in the City of La Crescent.

General Information

When is a Fence Permit required?  A fence permit is required for all fences that are to be installed in the City of La Crescent.

Required Inspection:  A fence inspection is required when the fence is complete.  For all inspections call 507-895-4409, 24 hours in advance.  If there are any questions as to property line, please call the Public Works Department.  In all cases, the city of La Crescent shall not be liable for the established or definition of property lines.

FENCES IN RESIDENTIAL DISTRICTS

  1. Front yard fences may be solid or open and shall not exceed four feet in height.
  2. Rear and side yard fences located behind the front yard setback (25’) may be solid or open and shall not exceed six feet in height.
  3. All fences shall be constructed of durable, weather-resistant materials and properly anchored.
  4. Electric and barbed wire fences are prohibited.
  5. Fences shall be chain link, wood, wrought iron, aluminum, steel or masonry, constructed from commercially available materials.  Wooden fences shall not be constructed from twigs, branches, doors, siding, or other wooden products originally intended for other purposes.
  6. Fences shall in no way detain or inhibit the flow of surface water drainage to and from abutting properties.
  7. Front yard fences shall be designed and constructed in such a manner so as not to unreasonably obscure the sight distance of vehicles accessing the street from driveways on the subject property or from adjacent properties.
  8. Fence heights shall be measured from the adjoining natural ground.
  9. Fences installed on tip of retaining walls shall be limited to maximum of 42” high.
  10. All fenced areas shall be accessible through at least on gate having a minimum width of 3’.
  11. All chain link fences shall have a top rail, barbed ends shall be placed at the bottom of the fence and posts shall be spaced at intervals not to exceed 8’.  For wooded fences, post spacing shall not exceed 8’.
  12. Fences shall be installed such that the finished side faces abutting properties.  The finished side shall be the side that provides maximum coverage of posts and stringers.  Board-on-board, basket weave fences and similar design shall be deemed to have two finished sides.

Please be advised that the city considers a fence to be structure, therefore the fence needs to meet the requirements of the Minnesota State Building Code including design standards to withstand wind.

Fees:  The fee is $15.00

Questions:  If you have any questions, please contact the Building Department, Monday through Friday,

8 a.m. to 5:00 p.m. at 507-895-4409 or write to Shawn Wetterlin Building Official, 315 Main Street, City of LaCrescent, Minnesota, 55947.

Fences in Agriculture, Commercial and Industrial Districts

  1. All fences must have gated or open areas to allow access for fire emergency vehicles, (minimum 20’ to a point within 150’ of all portions of the building); per Section 503 of the City of La Crescent fire code.
  2. All fences may be solid or open and shall not exceed six feet in height.
  3. All fences shall be constructed of durable, weather-resistant materials and properly anchored.
  4. Electric and barbed wire fences are prohibited.
  5. Fences shall be chain link, wood wrought Fences shall be chain link, wood, wrought iron, aluminum, steel or masonry, constructed from commercially available materials.  Wooden fences shall not be constructed from twigs, branches, doors, siding, or other wooden products originally intended for other purposes
  6. Fences shall in no way detain or inhibit the flow of surface water drainage to and from abutting properties.
  7. Front yard fences shall be designed and constructed in such a manner so as not to unreasonably obscure the sight distance of vehicles accessing the street from driveways on the subject property or from adjacent properties.
  8. Fence heights shall be measured from the adjoining natural ground.
  9. Fences installed on tip of retaining walls shall be limited to maximum of 42” high.
  10. All fenced areas shall be accessible through at least on gate having a minimum width of 3’.
  11. All chain link fences shall have a top rail, barbed ends shall be placed at the bottom of the fence and posts shall be spaced at intervals not to exceed 8’.  For wooded fences, post spacing shall not exceed 8’.
  12. Fences shall be installed such that the finished side faces abutting properties.  The finished side shall be the side that provides maximum coverage of posts and stringers.  Board-on-board, basket weave fences and similar design shall be deemed to have two finished sides.

Fees:  The fee is $15.00

Questions:  If you have any questions, please contact the Building Department, Monday through Friday,

8 a.m. to 5:00 p.m. at 507-895-4409 or write to Shawn Wetterlin Building Official, 315 Main Street, City of La Crescent, Minnesota, 55947.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
La Crosse, City www.cityoflacrosse.org Dave 1-608-789-7530 $33.00 yes/drawing 608-789-7589

15.04

(N) FENCES AND HEDGES

(1) Fences Defined. For the purpose of this Section, a “fence” is herein defined as a barrier consisting of vegetation, wood, stone, vinyl, brick, fieldstone, wrought iron, or metal intended to prevent ingress or egress. For the purposed of this section, the term “fence” shall include plantings, such as hedges and shrubbery in the front yard. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance. (Ord. #4646 – 12/8/11)

(a) Fences to be situated in side and/or rear yards shall be constructed using materials suitable for residential-style fencing, including, but not limited to, brick, field-stone, wrought iron, vinyl, chain-link (with a minimum thickness of nine (9) gauge and a required top rail support), stockade or board-on-board wood. With the exception of a fence that sits atop decorative retaining wall or

decorative stone wall which is a part of the fence, no fence or fence panels shall be constructed with multiple building materials or more than onepattern of the same materials on any given lot line (for example; a wooden stockade fence cannot be constructed with a wooden picket fence as part of the same fence). This shall not prohibit two intersecting fences from having different materials if the fences are owned by different propertyowners.

(b) No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items. Materials not specifically manufactured for fencing, such as, but not limited to, railroad ties, doors, landscape timbers or utility poles shall not be used for, or in the construction of a fence. (Am. Ord. #4638 – 11/10/2011)

(c) Agricultural/farm fences shall only be permitted in agriculturally zoned or used districts and can only exceed six (6) feet with a Conditional Use Permit.

(d) Fences associated with baseball and/or softball fields and surrounding tennis courts may be erected in conformance with accepted industry standards. A Fence Permit shall be required for such installation. (Ord. #4638 repealed and renumbered 11/10/2011)

(e) The La Crosse Municipal Airport shall be allowed to erect chain link fences for security purposes up to 10 feet in height plus up to three strands of barbed wire. The three strands of barbed wire may face away from airport property. A Fence Permit shall be required for such installation. (Ord.4765 – 9/13/13)

(2) Fences Categorized. Fences shall be categorized into six (6) classifications: (Am. Ord. #4638 – 11/10/11)

(a) Boundary Fence. A fence placed on or within three (3) feet of the property lines of adjacent properties.

(b) Protective Fence. A fence constructed to enclose a hazard to the public health, safety and welfare.

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

(d) Hedge. A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary in the front

  1. e) Picket Fence. A fence having a pointed post, stake, pale or peglaced vertically with the point or sharp part pointing upward to form a part of the fence.

(f) Dog Kennel Fence. A chain link enclosure which is enclosed on three or four sides in the side or rear yard of a property.

(3) Height and Setback of Fences Regulated.

(a) Residential fences are permitted up to the property lines in Residential Districts but shall not, in any case, exceed a height of six (6) feet without a Conditional Use Permit, shall not exceed 48 inches in height from grade in the front, side, or rear yard setback abutting a public sidewalk, shall notencroach into any vision corner and shall not be closer than three (3) feet to any public right-of-way along a public alley.  The height of any fence shall be measured as an average and shall not include the posts or pillars to which a fence is attached.

  1. Decorative wrought iron, brick, stone, PVC or paintedpicket style fences less than 48 inches (average) in height from grade or decorative lot corner landscape maybe placed up to the property line in Residential Districts and shall not violate vision corner ordinances pursuant to (N)(11).
  2. Chain-link and unpainted/unstained fencing is notpermitted in residential front, side or rear yards abutting a public sidewalk.

iii. A fence located in an interior side yard between dwellings shall not exceed four (4) feet in height.  However, a fence may be erected to a height of six (6) feet if the entire fence is constructed of wrought iron or similar open construction or if the area above four

(4) feet is at least fifty percent (50%) open. An example of the latter is a fence that is opaque to a height of four (4) feet and is topped with not more than two (2) feet of lattice. Any interior side-yard fence may be erected to a height of six (6) feet if it is located more than ten (10) feet from the side wall of the adjacent neighboring dwelling.

  1. A fence located in a rear yard abutting a public sidewalkmay be erected to a height of six (6) feet if the entire fence is constructed of wrought iron or similar openconstruction or if the area above four (4) feet is at least fifty percent (50%) open. An example of the latter is a fence that is opaque to a height of four (4) feet and is topped with not more than two (2) feet of lattice.  A fence as specified above may be located in a side yard on the street side of a corner lot behind the principle structure. (Ord. #4688 – 7/12/12)
  2. All fences must be constructed and maintained in a goodstate of repair and appearance. The finished side or decorative side of a fence shall face adjoining property.
  3. Any fences adjacent to or encroaching into alley right-of-way that are required to be removed for construction related causes during a City alley project may bereconstructed within the three-foot-setback, provided they are reconstructed outside of the right-of-way usingthe property line established by the Engineering Department during the project without the requirement of a Certified Survey Map. (Ord. 4801 – 3/18/2014)

(b) No fence, wall, hedge, or shrubbery shall be erected, placed, maintained or grown along a lot line on any non-residentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight (8) feet.

(c) Property owners shall locate fences no closer than three (3) feet from the property line so that each side of the fence may be properly maintained by the owner of the fence while on said owners property, unless an affidavit in recordable form is provided signed by the adjacent property owner(s) agreeing to maintain the opposite side of the fence or agreeing to permit the owner of the fence to maintain said fence. This requirement can be waived if a maintenance free fence is installed. (d) In the case of a proposed fence installation within three (3) feet of a lot line where no record of a fence existed, a survey prepared by a Registered Land Surveyor or Professional Engineer is required to obtain a building permit. No survey is required if a recordable affidavit signed by all affected property owners establishes an agreed upon lot line. No permit shall be issued for a fence three (3) feet or closer to a lot line until the adjacent property owner(s) has been notified in writing by the City Building and Inspection Department and fifteen (15) days have passed. If a recordable affidavit is provided, the 15 day period can be waived. (Am. Ord. #4638 – 11/10/11; #4693 –8/9/12) (4) Fences on Non-Residential Property. Fences are permitted on the property lines in all commercial zoning districts but shall not exceed eight (8) feet in height in commercial zoning districts and

ten (10) feet in height for property zoned Light or Heavy Industrial and shall be of an open type similar to woven wire, chain link or wrought iron fencing. (Am. Ord. #4638 – 11/10/11)

(5) Prohibited Fences. No fence shall be constructed which is in a dangerous condition, or which conducts electricity or is designed to electrically shock 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 ten (10) feet above grade and project toward the fenced property and away from public area.

(a) No person shall construct or install:

(1) Any wire or chain link-type fence with the cut or salvage end of the fence exposed at the top.

(2) A fence which creates a hazard to users of the street, sidewalk or to nearby property.

(3) An incomplete fence, consisting only of posts and supporting members.

(4) A fence on a vacant lot or parcel. (Am. Ord. #4638 –11/10/11)

(6) Fences to be Repaired. 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. (Am. Ord. #4638 –

11/10/11)

(7) Temporary Fences. 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 fence 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 or in the case of a construction project, shall only be for the duration of said construction project.

(8) Nonconforming Fences and Hedges. Any fence or hedge existing on the effective date of this Code of Ordinances shall not be modified, enlarged, extended or replaced, except in strict compliance with all of the requirements of this Ordinance. The replacement of a nonconforming fence as to height, setbacks (vision corner requirements shall still be met), or fence material type may be made provided that the fence material be the same or higher grade as outlined below:

Ascending order of fence types:

  1. Chain link
  2. Chain link with PVC coating

iii. Stained treated wood

  1. Cedar
  2. Vinyl
  3. Wrought Iron or Aluminum

vii. Field stone or brick (does not include split face block)

(9) Fences Required Under Conditional Use Permits. An opaque fence of six (6) feet in height may be required on property for which a Conditional Use Permit is granted in those cases in which such a fence is determined to be beneficial to the health, safety, or welfare of the public or adjoin property owners. Such fence shall comply with material requirements as specified hereunder.

(10) Permit Required. A City of La Crosse Building Permit is required for any newly installed fence or for a total fence replacement as defined in Section 16.02 of the La Crosse Municipal Code which shall be set at the same rate as a Flat Permit Fee in Section 16.02(H)(1)(c).

(11) Vision Clearance. No fence, structure, post, pillar or object of natural growth shall hereafter be maintained or allowed to grow higher in the vision clearance area than thirty-six (36) inches above the highest grade of the adjacent sidewalk or the required sidewalk grade where no sidewalk exists. This provision shall likewise apply to alley vision clearance areas.

(a) The requirement of vision clearance shall not apply at a height of six (6) feet or more above the highest grade of the adjacent sidewalk or the required sidewalk grade where no sidewalk exists.

(b) Objects of narrow width, which do not exceed ten (10) inches in diameter, which do not impair corner vision, may at the discretion of the Inspection Department be permitted in the vision clearance area.

(c) Right-of-way. All permanent fences shall be located outside the public right-of-way.

(d) Public Nuisance. Obstruction to visual clearance, as regulated by this section, shall be deemed to be a public nuisance and the Inspection Department and City Attorney are authorized to abate said nuisance. (Ord. #4638 amended 11/10/11)

(12) Obstruction of Ingress/Egress Area of a Dwelling. No fence shall be installed in any yard that will shield any window or opening in a habitable space of a dwelling. A minimum distance of six (6) feet shall be maintained between any solid fence and any such window or opening in a dwelling.

(a) The Fire Department and Building and Inspection Department may approve a fence adjacent to a required ingress/egress opening of a dwelling between four (4) feet and six (6) feet if the fence has one of the following features:

(i) for basement ingress/egress openings, the fence opening or gate shall be the width of the ingress/egress opening or four (4) feet whichever is greater with no ability to lock or secure said gate, or a four (4) foot wide approved breakaway fence panel and the area on both sides of the gate/fence shall continuously be free from all obstruction including vegetation and snow and ice buildup and shall swing or break away in the direction of egress.

(ii) for ingress/egress opening above grade, the fence opening or gate shall be the width of the ingress/egress opening or four (4) feet whichever is greater with no ability to lock or secure said gate, or a four (4) foot wide approved breakaway fence panel, or the top of the fence shall be no taller that the bottom of the sill of the ingress/egress opening and the area on both sides of the gate/fence shall continuously be free from all obstructions including vegetation and snow and ice buildup and shall swing or break away in the direction of egress.

(13) Fences Permitted Without a Permit. The following types of fences are permitted, as specified, without a permit, subject to the following restrictions and providing that said fence does not in any way interfere with traffic visibility, or block, redirect or cause a drainage problem for the adjacent or downstream properties:

(a) Snow fencing shall be permitted in all districts not exceeding four (4) feet in height provided it is removed between May 1 and November 1 of each year. No snow fence shall extend into the street right-of-way line unless installed by the City or a contractor having a permit from the City.

(b) Agricultural/Farm fences are limited to agriculturally zoned or used districts. An agricultural/farm fence is a fence consisting of chicken wire, deer fence, hog wire, high tensile, wire strand and barbed wire used in the agricultural, farming and livestock business, specifically for livestock, animal, and bird control.

15.04

(c) Fences not exceeding two (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.

(d) Underground electrical fences are permitted in all district.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Onalaska, City www.cityofonalaska.com Cindy 608 781-9541 N/C no 608 781-9534

Sec. 13-6-10 Fences and Hedges.

(a) Fences Defined. For the purpose of this Section, a “fence” is herein defined as an enclosed barrier consisting of vegetation, wood, stone or metal intended to prevent ingress or egress. For the purpose of this Section, the term “fence” shall include plantings, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

(b) Fences Categorized. Fences shall be categorized into five (5) classifications:

(1) Boundary FenceA fence placed on or within three (3) feet of the property lines of adjacent properties.

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

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

(4) HedgeA row of bushes of small trees planted close together which may form a barrier, enclosure or boundary.

(5) Picket Fence. A fence having a pointed post, stake, pale or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.

Accessory Uses and Miscellaneous Standards

13-6-10

(c) Height of Fences Regulated.

(1) Residential fences are permitted up to the property lines in Residential Districts but shall not, in any case, exceed a height of six (6) feet, shall not exceed a height of four (4) feet in the street yard and shall not be closer than three (3) feet to any public right-of-way. Residential fences greater than six (6) feet shall require a Conditional Use Permit. All fences must be constructed and maintained in a good state of repair and appearance. Decorative picket style fences less than three (3) feet in height or decorative lot corner landscape may be placed up to the property line in Residential Districts.

(2) No fence, wall, hedge or shrubbery shall be erected, placed, maintained or grown along a lot line on any non-residentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight (8) feet.

(3) Property owners shall locate fences so that each side of the fence may be properly maintained by the owner of the fence while on said owners property.

(d) Security Fences. Security fences are permitted on the property lines in all districts except Residential Districts, but shall not exceed ten (10) feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(e) Prohibited Fences. No fence shall be constructed which is in a dangerous condition, or which conducts electricity or is designed to electrically shock 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 ten (10) feet above the ground or height and project toward the fenced property and away from any public area.

(f) Fences to be Repaired. 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.

(g) Temporary Fences. 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.

(h) Nonconforming Fences and Hedges. Any fence or hedge existing on the effective date of this Code of Ordinances and not in conformance with this Section may be maintained, but no alteration, modification or improvement of said fence shall comply with this Section.

(i) Fences Required Under Conditional Use Permits. An opaque fence of six (6) feet in height may be required on property for which a conditional use permit is granted in those cases in which such a fence is determined to be beneficial to the health, safety or welfare of the public or adjoining property owners.

Sec. 13-6-11 Swimming Pools.

(a) Definition. A private or residential swimming pool is an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than one and one-half (1-1/2) feet located above or below the surface of ground elevation, used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool

 Accessory Uses and Miscellaneous Standards

13-6-11

(b) Exempt Pools. Storable children’s swimming or wading pools, with a maximum dimension of fifteen (15) feet and a maximum wall height of fifteen (15) inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this Section.

(c) Permit Required. Before work is commenced on the construction or erection of private or residential swimming pools or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the Department of Inspection. Plans and specifications and pertinent explanatory data should be submitted to the Department of Inspection at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. The minimum building permit fee pursuant to the City Building Code shall accompany such application.

(d) Construction Requirements. In addition to such other requirements as may be reasonably imposed by the Department of Inspection, the Department of Inspection shall not issue a permit for construction as provided for in Subsection (b), unless the following construction requirements are observed:

(1) All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and code and with any and all Ordinances of the City now in effect or hereafter enacted.

(2) All plumbing work shall be in accordance with all applicable Ordinances of the City and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method and, in no case, shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located on in the general vicinity.

(3) All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with the state laws and City Ordinances regulating electrical installations.

(e) Setbacks and Other Requirements.

(1) Private swimming pools shall be erected or constructed on rear yards only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

(2) No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in the Zoning Code for an accessory building, and in no case shall the water line of any pool be less than six (6) feet from any lot line.

(f) Fence.

(1) Proper Enclosure Required. Every swimming pool and wading pool, which extends wholly above the ground or partially above the ground shall, at all times, be enclosed so as to prevent children and animals from accidentally falling into such pool.

Accessory Uses and Miscellaneous Standards

13-6-11

(2) Pool Wall May Serve as Barrier. An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water-enclosing wall of the pool. Such walls shall extend more than three (3) feet above the level of the ground immediately adjacent to the pool. Such a solid pool wall barrier shall not be located within six (6) feet of any other wall or fence or other structure, which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool. Inflatable pools having soft sides do not qualify for the pool wall serving as a barrier.

(3) Fence or Other Wall May Serve As Barrier. An approved barrier shall consist of a properly erected and maintained wall or fence at least fifty (50) inches in height, which entirely surrounds the pool. Every such fence shall be constructed in accordance with the requirements of Section 13-6-10. Every such wall or fence shall be located not less than six (6) feet from the vertical, water-enclosing wall of the pool. All gates in such walls or fences shall be self-enclosing and self-latching, and shall be at least fifty (50) inches in height with latches placed at least fifty (50) inches above the ground level, or such gate latch shall be made inaccessible to small children in some other approved manner.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Prairie Du Chien, City www.prairieduchien.info Julie 608-326-6406 $25.00 yes/drawing 608 326-8182

(2) YARD MODIFICATIONS. The yard requirements stipulated elsewhere in this ordinance maybe modified as follows:

(a) Uncovered stairs, patios, landings and fire escapes may project into any required yard but not to exceed five (5) feet.

(b) Architectural projections, such as chimneys, flues, gutters, sills, eaves, belt courses and ornaments, may project into any required yard, but such projections shall not exceed three

(3) feet.

(c) Residential fences and walls are permitted (excepting barbed wire, electric or other potentially hazardous fences) either within or on the property line. Fences and walls shall not exceed a height of six (6) feet in the side yard or rear yard area and shall not exceed a height of four (4) feet in the required street yard and shall not be closer than three (3) feet to any public right of way adjoining at the rear yard. Provided, however, that the finished side of all walls and fences permitted hereunder shall be constructed in such a manner that the finished side of said fence or wall faces out from the property on which the fence or wall is located.

(d) Security fences. Within the B-1, B-2, I-1, I-2 and RF Districts, security fences are permitted within the side and rear yard areas. Such fences shall not exceed ten (10) feet in height. Barbed wire is permitted only on security fences at least six (6) feet above established grade levels.

(e) Fences in AT Districts. Line and division fences shall be allowed as per Wis. Stats.

Residential fencing and security fencing shall meet the requirements of (3) and (4) of this section.

(f) Accessory uses and detached accessory structures are permitted in side and rear yards only, and shall be a minimum of three (3) feet from interior lot lines, three (3) feet from alley lines, and maintain corner lot setback as per the district requirements for principal structure, except:

  1. Residential Districts.
  2. Driveways, fencing, ramps, underground storage tanks and certainsignage as per specific requirements as set forth in this section shall be permitted in front yards and in corner lot sideyards in Residential ZoningDistricts.
  3. On-site parking located in front yard setbacks and corner lot side yards forapartments, public buildings and conditional uses in Residential Districts shall be reviewed by the City Plan Commission.
  4. Commercial and Industrial Districts.
  5. Driveways, on-site parking areas, fencing, ramps, underground storagetanks, open canopies and their supports over fuel dispensing equipment when located more than 10 feet from a lot line, pumps, and signage as perspecific requirements as set forth in this section shall be permitted in front yards and in corner lot sideyards in Commercial and Industrial Zoning Districts.

2.13 (OPEN WOOD DECKS)

Open wood decks shall be permitted in side or rear yards only.  They shall not be closer than three (30 feet to any lot line.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Sparta, City www.spartawisconsin.org Jeanee 608-269-6509 $20.00 yes/drawing 608-269-5046
  1. Fences installed in commercial and industrial districts shall not exceed 8 feet in height, except when required to enclose outside storage areas as required by the Plan Commission.
  2. Fencing may be constructed to screen areas and shall comply with Ordinance Section 17.16.
  3. Barbed wire may be allowed in the top of fences exceeding 8 feet in height.
  4. Agricultural Fencing: Fencing shall be permitted in all yards in Agricultural districts and in all yards in legal non-conforming Agricultural districts. Fencing shall be permitted in front yards only for the enclosure of cultivated fields, pastures or animal pens.

(c) Construction and Installation of Fencing in all Districts:

  1. No fencing may be constructed within the City of Sparta without first obtaining building permit. (Except no permit shall be required for decorative fencing.)
  2. Prohibited Fencing Materials. Fences shall not be constructed with, or consist of, rope, string, wire products, including, but not limited to, chicken wire, hog wire, wire fabric, barbed wire (except as allowed in other sections of this Code), razor ribbon wire and similar welded or woven wire fabrics, chain, netting, cut or broken glass, paper, metal panels, corrugated metal panels, galvanized sheet metal, plywood, fiberglass panels or plastic panels or any other materials that are not manufactured specifically as fencing materials. (Am. #833, 06/21/11)
  3. Fencing shall be constructed with the finished or decorative side facing the adjacent or abutting property or street.
  4. Snow fencing will only be permitted between November 15 and April 15 of each year. (No permit shall be required.)
  5. All fences shall be maintained and in good repair and in a structurally sound condition. No fences shall be constructed and maintained which is detrimental to human life or safety or cause a traffic hazard. All fences shall be constructed and maintained straight, plumb and of an even height along its length, except forsuch deviations as required by grade.
  6. No advertising or signs shall be placed on any fence without prior approval of the Plan Commission.

(16) VISION TRIANGLES. VISION CLEARANCE. On a corner lot in R, B-2, B-3, B-4, or M zone nothing shall be erected, placed, or allowed to grow which materially impedes vision between 2-1/2 and 10′ above the center-line grades of the intersecting streets in the area bounded by the street lines of such corner lot and line joining points along such street lines 30′ from the point of the intersection.

(17) Zero lot line housing may be allowed upon compliance with the following conditions and requirements.

(a) Dwelling must have been constructed after January 1, 2003 and meet all

applicable building code requirements.

(b) Each one-family residence minimum lot size shall be 5,000 square feet.

(c) Each one family lot width shall be at least 45 feet.

(d) All additional applicable district zoning requirements shall be met.

(e) An appropriate document shall be submitted to the City of Sparta Building Inspector and filed with the Register of Deeds, providing for maintenance of common areas and facilities and resolution of disputes with respect to the maintenance of the entire structure and grounds.  Said document to be signed, recorded and run with the land. (Cr. 651, 06/15/2004)

(18) FINDINGS AND PURPOSE OF ZONING REGULATION OF ADULT ORIENTED ENTERTAINMENT.

(a) The council finds that, due to their nature, the existence of adult bookstores and adult cabarets in the city has serious objectionable operational characteristics, such as an effect upon property values, local

commerce and crime. Due to the deleterious combined effect on adjacent areas when such uses are concentrated, they should not be permitted to be located in close proximity to each other. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. Such regulations are contained in these standards. These standards are designed to protect the city’s retail trade, maintain property values, prevent crime, and, in general, protect and preserve the quality of the city’s neighborhoods, commercial districts and the quality of urban life.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Stoddard, Village stoddardwi.tripod.com Vince 608-457-2136 $40.00 yes/drawing 608-457-2165

Definitions.

(1) Fences. A barrier made of wood, iron, stone or other material.

(2) Hedge. A barrier consisting of natural or artificial vegetation. Permit required. No person shall erect a fence or plant a boundary hedge in the Village unless a permit is first obtained by the owner or his agent from the Building Inspector. Upon the destruction of any fence or hedge or the deterioration from the elements Property Boundary Determinations. Fences and hedges shall be erected on owner’s property and responsibility for establishing the property line shall rest with the property owner erecting the fence or planting the hedge or upon mutual agreement with the adjoining property owner.

Construction and Maintenance. Every fence shall be constructed and shall be maintained and repaired. No fence or hedge shall be allowed to deteriorate into an unsightly or hazardous condition. The finished side of the fence shall be faced to the outside of the property lines.

Prohibited Construction Materials. The use of barbed wire, electric wire or double or triple strand wire shall not be used in the construction of a fence, except as specifically allowed under the appropriate provisions of this Section.

Nonconforming Fences and Hedges. All fences and hedges which exist on May 1, 2003 and do not conform to this division may be maintained; however, no alteration, modification or improvement on such nonconforming fence or hedge shall be permitted unless said nonconforming fence has been destroyed by an act of God or by the criminal acts of another person.

Residential Fences and Hedges.

(1) All rear and side fences or hedges, but shall not exceed a height of six (6) feet. Rear and side yard fences or hedges may be solid fences. If separate fences are desired on a common lot line, then a separation of three (3) feet between the fences must be established for future maintenance purposes.

(2) All front yard fences or hedges shall be no higher than three (3) feet in height. Front yard fences or hedges shall be at least fifty percent (50%) open to vision. All fences and hedges in the front yard shall cease three (3) feet from the property line on interior lots and ten (10) feet from the property line on corner lots. if a back yard overlaps a front yard on side yard of an abutting property owner, a special exception must be obtained to construct a fence or plant a hedge with greater dimensions than those allowed for front yard requirements.

Ornamental Fences. Ornamental Fences may be permitted in the street yard in any district, but shall not be erected in a street right-of-way and shall not exceed a height of four (4) feet.  Ornamental fences shall not be constructed as to impede traffic visibility. If separate fences are desired on a common lot line, then a separation of 3 feet between the fences must be established for future maintenance programs. If less than 20 feet in length, and must Business and Thoroughfare Commercial Fences and Hedges. In a business of thoroughfare commercial zone, a fence consisting of chain links without barbed wire shall be allowed in the rear yard, front yard and side yards; however, the fence shall not exceed eight (8) feet in height. Any fence constructed of other materials shall abide by the regulations of residential fences and hedges.

Industrial Fences. In an industrial zone, a chain link fence not exceeding eight (8) feet in height with two (2) barbed wires tilting into the inside of the property will be permitted in the rear yard, front yard, and side yards. The fencing material requirements and fencing/hedge requirements of the other zoned areas shall also be permitted in the industrial zone.

(5) Swimming Pool, Wading Pool and Hot Tubs

(a) Definition. A private or residential swimming pool is an outdoor structure containing a body

of water in a receptacle or other container having a depth for water at any point greater than one and one-half (1-1/2) feet located above or below the surface of ground elevation, used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool. The regulations herein shall also be applicable to hot tubs.

(b) Exempt Pools. Storable children’s swimming or wading pools, with a maximum dimension of fifteen (15) feet and a maximum wall height of fifteen (15) inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this Section.

(c) Permit Required. Before work is commenced on the construction or erection of private or residential swimming pools or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the Building Inspector. With the building permit plans as to the capacity of the pool and the proposed location on the tract of land must be submitted.

(d) Design and Construction Requirements.

(1) When the walls of a pool exceed 2 feet 6 inches in height, the walls shall be vertical for a minimum distance of 2 feet 6 inches. Conspicuous markings shall show the depth of the points where the slope of the bottom of the pool changes, except that such markings will not be required for pools of generally uniform depth.

(2) Overflow gutters shall completely surround the pool provided that pools less than 30 feet in width may be provided with skimmers built into the side and corners of the pool to take the place of gutters if approved by the County Health Department.

(3) The pool shall be completely surrounded by a walkway of concrete or other approved material, at least 4 feet in width and sloping away from the pool drainage, provided, however, that this requirement may be waived for above ground pools.

(4) All connections to the Village water supply or sewer system shall be approved by theInspection Department.

(5) All outdoor swimming pools and any adjacent pool association paved areas shall be completely surrounded by a fence or wall at least 48 inches high of such constructions will make access difficult. Access shall be through self-closing and latching gates at the shallow end of the pool. The latch shall be as high on the gate as possible to prevent the entrance of children. The wall of building may be accepted as part of the required fence when found by the Inspection Department to provide a sufficient degree of protection.

(6) Drainage. Run-off shall not be altered in any such way as to cause increased drainage upon any adjoining lot. Drainage from each lot shall be directed in such a way as to direct flow to the lots lines and not directly, or indirectly, to any other property or structure.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Tomah, City www.tomahonline.com Shane 608-374-7420 $15.00 yes/drawing 608-374-7424

Sec. 52-209. Fences and hedges.

(a)Permits. No person shall erect or construct any fence on any premises in the city without first obtaining a permit. A sketch showing lot lines, fence location and design shall accompany the application for such permit. The building inspector shall approve the application before construction.

(b)Requirements.

(1)  No fence exceeding three feet in height shall be erected, constructed or maintained in front of the setback line for principal buildings on any premises within a residential district.

(2)  No fence or hedge shall be erected, constructed or planted less than two feet from the property line on any premises within a residential district, unless the owners of the property to be fenced and the abutting property owners agree in writing and it is approved by the building inspector.

(3)  On any corner lot where a front or side yard is required or provided, no fence, hedge or other obstruction shall be placed so as to interfere with clear vision from one street to the other across the corner. See traffic visibility provisions in section 52-114

(4)  No fence exceeding six feet in height shall be erected, constructed or maintained on any premises in a residential zoning district. Security fences are permitted in all districts except residential districts, but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing. Swimming pool fences are covered in section 52-210

(5)  No barbed wire or electric fence under six feet in height shall be permitted within the city, except when used for agricultural purposes. Any barbed wire or electric fence over six feet in height shall be approved by the building inspector prior to construction.

(6)  Any fence which exists at the time of the passage of the ordinance from which this chapter is derived, but does not conform with the provisions thereof, shall not be altered or enlarged without making the entire fence conform with the provisions of this section.

(7)  Any fence constructed so as to make it impossible for the reading of gas, electrical and water meters shall have a gate which gives access to them without entering through any building.

Sec. 52-210. Private swimming pools.

No private swimming pool shall hereafter be constructed, altered, remodeled or improved within the city, unless approved and a permit issued by the building inspector.

(1)  Private swimming pool defined. A private swimming pool is a body of water contained in an artificial or semi-artificial receptacle or other container, whether located indoors or outdoors, capable of containing water exceeding 18 inches in depth and exceeding 600 cubic feet and used or intended to be used solely by the owner or lessee thereof and his family and invited guests. It includes all structures, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool.

(2)  Construction requirements. In addition to such other code requirements which may be applicable, no construction permit shall be issued, unless the following construction requirements are to be complied with:

a.  Materials. The private swimming pool shall be built of approved poured concrete or approved masonry construction or of other suitable material approved by the building inspector.

b.  Recirculation system. A satisfactory recirculation and purification system shall be installed and shall at all times be operated while the pool is being used.

c.  Fences.

1.  Required. Every outdoor private swimming pool shall be completely surrounded by a fence or wall not less than five feet in height, which shall be constructed in such a manner so as to exclude uninvited children or animals. Openings, if any, shall not be larger than four inches in any direction. A dwelling house or accessory building may be used as a part of such enclosure. All gates or doors in such enclosure shall be equipped with self-closing and self-latching devices for keeping such gates securely closed when not in actual use.

2.  Modifications. The board of appeals may make modifications in individual cases upon a showing of good cause with respect to the height, nature or location of the fence, wall, gates or latches or the necessity therefor, provided the protection sought under this section is not reduced.

d.  Drainage. Every private swimming pool shall be provided with suitable drainage and no pool shall be drained onto lands of other property owners.

e.  Special regulation. For above ground pool installations whose exterior walls exceed five feet in height, in lieu of the above fence requirement, a safety ladder or pool cover may be substituted. The pool cover shall be of such design and material that it can be securely fastened and, when in place, support a person weighing 150 lbs. When the pool is not in use, the ladder shall be raised a minimum of five feet above the ground in order to maintain a continuous five feet safety barrier. If the pool is not equipped with a raise able safety ladder, the ladder shall be detachable so it can be removed from the pool and placed out of reach of small children. Where a raised deck and permanent stairs are part of the pool construction, the stair access shall be controlled by a self-latching and self-closing gate which shall not be left in an open position at any time. The deck shall be constructed so as to maintain a continuous five-foot height or fence safety barrier around the exterior circumference of the pool structure. These requirements shall be subject to inspection and enforcement by the building inspector.

(3)  Building permit issuance. Before any work commences, application for a permit therefor, made as provided in this chapter, and the plans, specifications and pertinent explanatory data shall be submitted to the building inspector, and no work shall be commenced until such permit has been issued by the building inspector and the applicable fee paid by the applicant.

(4)  Use permit required. No private swimming pool for which a building permit has been issued shall be used by the owner, operator or lessee of the same without a use permit from the building inspector, who shall issue such use permit only after he has inspected the swimming pool and ascertained that the same conforms in all respects with the provisions of this chapter, the zoning laws and any other code requirement of the city which is applicable thereto.

(5)  Location. For purposes of this chapter, private swimming pools shall be deemed accessory buildings for purposes of complying with zoning regulations. No swimming pool or pool fence shall restrict the access to any meter reading, such as gas, electrical or water.

Sec. 52-114. Traffic visibility.

No obstruction, such as structures, parking or vegetation, shall be permitted in any district between the heights of 2½ feet and ten feet above the plane through the mean curb grades within the triangular space formed by any two existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located a minimum of 15 feet from their intersection. In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased to 50 feet.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Trempealeau, Village www.tremplocounty.com Mark 715-538-2311 N/C no 715-538-4210

4) General Requirements Fencing.

(a) A fence or wall used for screening must be opaque and of sufficient height to accomplish screening as determined by the Zoning Committee.

(b) The exposed fence posts must face the interior of lot.

3.11 Accessory structures. Accessory structures are permitted subject to the following:

(1) Permit required. Accessory structures shall require a land use permit except:

(a) Minor structures, including but not limited to birdhouses, yard light poles, birdbaths, doghouses (housing dogs which are licensed as the personal pets of the residents of the property), tree houses, clothes line poles, lawn ornaments, flag poles, mailboxes, garbage containers, and school bus waiting shelters. Under no circumstances shall a structure whose footprint is less than 150 square feet be considered to be an accessory structure for which a permit is required.

(b) Fences.

(2) An accessory structure shall be located on the same lot as the principal use to which it is accessory.

(3) An accessory structure may be constructed provided that its associated principal structure is under construction within 2 years of the completion of the accessory structure in the Residential –8 and Residential –20 districts.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Viroqua, City www.viroqua-wisconsin.com Jody 608-637-7522 $25.00 yes/drawing 608-631-3108

Section, a “fence” is herein defined as an enclosed barrier consisting of wood, stone or metal

intended to prevent ingress or egress. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

(b) Fences Categorized. Fences shall be categorized into five classifications:

(1) Boundary Fence. A fence placed on or within three feet of the property lines of adjacent properties.

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

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

(4) Picket Fence. A fence having a pointed post, stake, pale or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.

(c) Height of Fences Regulated. (1) Residential fences six feet or less in height are permitted on rear and side lot lines. Residential fences less than or equal to four feet in height are permitted in the street yard setback area but shall not be closer than two feet to any public right-of-way and shall be subject to the requirements of Section 17.04.080 F 3. All fences must be constructed and maintained in a good state of repair and appearance.

(2) No fence shall be erected, placed, maintained or grown along a lot line on any non-residentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.

(d) Fences Placement. Fences in or adjacent to a residential property shall have a minimum three feet side and rear yard setback, except as the adjoining property owners may otherwise agree in writing as a part of the application for a permit. Fences shall be constructed alongside lot lines but must be so placed to allow the fence owner to maintain both sides of the fence, on their property. The fence owner shall properly trim weeds and grasses around the fence.

(e) Security Fences. Security fences shall not exceed eight feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(f) Prohibited Fences. No fence shall be constructed which is in a dangerous condition, or which conducts electricity or is designed to electrically shock 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 feet above the found or height and project toward the fenced property and away from any public area.

(g) Fences to be Repaired. 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. (h) Temporary Fences. 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 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 days.

(i) Nonconforming fences. Any fence existing on the effective date of this Code of Ordinances and not in conformance with this Section may be maintained, but no alteration, modification or improvement of said fence shall comply with this Section.

(j) Fence Permit. No person shall erect a fence in the City unless a permit is first obtained by the owner or his agent from the Building Inspector. The applicant shall submit design specifications for approval and pay required permit fees at the time of making application.

(k) Property Boundary Determinations. Fences shall be erected on the owner’s property and responsibility for establishing the property line shall rest with the property owner erecting the fence. The dress side of the fence shall be on the outside. All parts of the fence shall be erected on the owner’s property.

(l) Snow Fences. Utility snow fences may be used only during the winter months and shall be removed at the end of each winter season.

17.04.130 Swimming Pools. (a) Definition. A “swimming pool” is a body of water or an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than one and one-half feet located above or below the surface of ground elevation, installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semi-permanent structure on the land. The term includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool. Excluded from the definition “swimming pool” is a so-called hot tub or spa which has a cover that prevents unauthorized access.

(b) Exempt Pool. A body of water that would otherwise be a “swimming pool” but is intended and used as a decorative pond is exempt from the provisions of this Section. Storable children’s swimming or wading pools, with a maximum dimension of fifteen feet and a maximum wall height of fifteen inches and which are so constructed that they may be readily disassembled for storage and reassembled to original integrity are exempt from the provisions of this Section

(c) Permit Required. Before work is commenced on the construction or erection of private or residential swimming pools or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter remodel or add must be submitted in writing to the Building Inspector. Plans and specifications and pertinent explanatory data should be submitted to the Building Inspector at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. The required building permit fee pursuant to the City Building Code shall accompany such application.

(d) Construction Requirements. In addition to such other requirements as may be

reasonably imposed by the Building Inspector, the Building Inspector shall not issue a permit for

construction as provided for in Subsection (b), unless the following construction requirements

are observed:

(1) Approved Materials. All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and code and with any and all ordinances of the City now in effect or hereafter enacted.

(2) Plumbing. All plumbing work shall be in accordance with all applicable ordinances of the City and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method and, in no case, shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located on in the general vicinity.

(3) Electrical Installations. All electrical installations, including lighting

and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with the state laws and City ordinances regulating electrical installations.

(e) Setbacks and Other Requirements. (1) Private swimming pools shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

(2) All swimming pools shall be at least ten feet from any lot line or building unless designed and approved as an addition to a building.

(f) Enclosure. (1) Fence: In-ground Pools. All outdoor, below grade swimming pools shall have a fence or other solid structure not less than four feet in height completely enclosing the pool with no opening therein (other than doors or gates)

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
West Salem, Village www.westsalemwi.com Randy after 4 608-487-1514 $25.00 yes/drawing 608-786-1988

 (a) Accessory uses and detached accessory structures are permitted in the rear yard only; they shall not be closer than ten (10) feet to the principalstructure; shall not exceed fifteen (15) feet in height; shall not occupy more than forty (40%) percent of the rear yard area, nor more than 1,000 square feet; and shall not be closer than three (3) feet to any lot line nor five (5) feet to any alley line.

(b) Residential fences require a building permit. Residential fences are permitted on the property lines in

Residential districts but shall not in any case exceed a height of six and one-half (6-1/2) feet; shall not exceed a height of four and one-half (4-1/2) feet in the street yard and shall not be closer than two (2) feet to any public right-of-way. Provided, however, when Business or Industrial Zoning abuts Residential Zoning, as a condition of plat or certified survey approval or upon re-zoning that creates such a status, the Village Board may require as a condition that the then owner of the

Business or Industrial use parcel erect a fence not to exceed ten and one-half (10-1/2) feet in height upon the property line with the Residential zoned property; provided, further, at any time a property owner of a Residential zoned property located adjacent to a Business or Industrial zoned property may petition for a conditional use permit to erect and maintain a fence not to exceed ten and one-half (10-1/2) feet in height upon the property line with the Business or Industrial zoned property. It shall be the obligation of the property owner of the Business or Industrial zoned property to maintain both sides of the fence. In each instance, the fence shall be such height (as measured from the ground), type, and quality as determined by the Village Board after recommendation by the Village Planning Commission.

(c) Security fences require a building permit. Security fences are permitted on the property lines in all districts except residential districts but shall not exceed ten and one-half (10-1/2) feet in height (as measured from the ground) and shall be of an open type similar to woven wire or wrought iron fencing.

(d) Arches and Arbors: Whether made part of a fence line or located elsewhere in a residential yard, if their footing is extended into the earth more than two and one-half (2-1/2) feet or secured by cement or rock or attached to a fence or other structure which is either placed into the ground more than two and one-half (2-1/2) feet or secured there with cement or rock, require a building permit which may be denied by the Building Inspector if that arch or arbor obstructs vision at an intersection or causes other significant public safety concern.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Westby, City [email protected] Heath 608-634-6986 $15.00 yes/drawing 608-634-3274
City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Winona, City www.cityofwinona-mn.com Kristy 507-457-8231 N/C no 507-457-8212

Swimming pool information for fencing

Where the fence is chain link or composed of diagonal members the maximum opening shall not be more than 25 inches Any fence composed entirely of horizontal members save for support beams shall have a maximum gap of a half inch between members.  All gates on required fences shall be self-closing and self-latching with a latch on the inside of the gate not readily available to children and in good repair the gate and fence shall have no opening greater than one half inch within18 inches of the release mechanism which shall be located on the poolside of the gate at least three inches below the top of the gate Gates shall be able to be securely locked Above-ground or partially sunken pools that are accessed by deck must be provided with a gate that meets the same standards The guard rail around the pool must be at least 36inches high above the deck surface and at least 48 inches high above the surrounding grade.  This guard rail must be provided with intermediate guard rails and any gaps between the guardrails and between the top of the pool structure and the bottom of the barrier shall be no more than four inches.  The required fence must be erected prior to filling of the pool.

(If you belong to a Home Owners Association please be sure to check for covenants before doing any type of fence work)