Section 16.350 Fences and Hedges.

16.350 Fences and Hedges.

(1) Permit Required. In residential districts and as an accessory to a dwelling in any zone, no person shall construct, build, erect or cause to be constructed, built or erected any fence or wall without first having obtained a permit for such building, construction or erection. That permit shall be obtained from the City Building Inspection Department. The fee for said permit shall be as set forth by resolution of the Common Council.

(2) Height Limitations.

(a) In residential districts and as an accessory to a dwelling in any zone, fences and walls not more than six feet in height are permitted in any required side or rear yard. In the required front yard, however, fences and walls shall be limited to a height of not more than four feet.

1. In the case of a corner lot, a four-foot-high fence is permitted from the required front corner vision triangle on the street side yard to the rear corner of the primary residential structure; a fence up to six feet high is permitted from this point along the side street property line to rear property line. Fences abutting or adjacent to driveways shall not be placed to obstruct the driveway approach vision triangle.

(b) No fence, shrub, hedge, decoration or wall shall be over the height of three feet above the highest sidewalk grade, if within 15 feet along property lines at any intersection involving public streets, alleys, and public or private driveways. The intent of this provision is to maintain a visual open area in a triangle formed by two 15-foot sides which would run parallel to such streets, alleys or driveways.

(c) No fence or wall of any kind shall be over the height of six feet, except for agricultural, industrial or commercial purposes, and with the permission of the Director of Building Inspection.

(3) Construction.

(a) Snow fences may be used temporarily, but in no case shall snow fences be left standing longer than six months.

(b) It shall be unlawful for any person to construct or maintain any barbed wire or razor wire fence or fences or enclosures built of barbed wire or razor wire on any lot or tract of land within the City of Manitowoc, except that barbed wire above the height of six feet may be permitted for agricultural, industrial, or commercial security reasons, with permission of the Director of Building Inspection.

(d) Fences constructed in a manner in which a supporting framework or posts can be construed to represent a back side shall be installed so that the front side faces the adjacent or abutting property.

(4) Fences Required for Swimming Pools, Hot Tubs and Spas. Private swimming pools, hot tubs, and spas shall be maintained in a clean and sanitary condition and in good repair. Swimming pools, hot tubs and spas shall be located not less than five feet from any side or rear lot line. Swimming pools, hot tubs, and spas containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier not less than 48 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is not less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.

(5) Maintenance and Repair. Every fence shall be kept in a good state of maintenance and repair or shall be removed by the owner.

(6) Other Provisions.

(a) Fences are also subject to applicable requirements of MMC 15.110 through 15.230. No setback, except as provided in subsection (6)(b) of this section, is required between the fence and property line.

(b) Notwithstanding subsection (6)(a) of this section, in districts zoned residential, and as an accessory to a dwelling, unless approved in writing by the Director of Building Inspection or his/her designee, and the impacted adjacent property owner, no fence or wall shall be erected within two feet of any property line adjacent to any adjoining property which has a permanent driveway appurtenant thereto, nor shall any fence or wall be erected within two feet of another fence or wall, whether on the same or an adjacent property. The requirement contained herein shall not apply to fences or walls that were constructed, built or erected prior to the effective date of the ordinance codified in this section. No fence shall be erected closer than 12 inches to any adjacent public sidewalk.

[Ord. 21-854 § 1, 2021; Ord. 18-641 § 2, 2018; Ord. 16-787 § 1, 2016; Ord. 04-644 § 1, 2005. Prior code § 16.35]