TITLE 15. BUILDINGS AND CONSTRUCTIONTITLE 15. BUILDINGS AND CONSTRUCTION\Chapter 15.36 FENCE REGULATIONS

A.    No fence, wall or outdoor area enclosure structure, may be erected, placed or altered within the city unless such fence, wall or outdoor area enclosure is in conformance with the provisions set forth herein.  Existing fences in violation of this article may remain, but may not be remodeled, repaired or replaced except in compliance with this article.

B.    Non-conforming fences that are damaged by accident, fire and/or act of nature may be temporarily repaired.  Permanent repairs to non-conforming fences of more than fifty percent requires compliance with this article.

(Ord. 943; Code 2016)

A.    For the purposes of these regulations, the following definitions shall apply:

Barbed Wire Fence: Any type of fencing wire constructed with sharp edges or points arranged at intervals along the strand(s).

Corner Lot:  A lot, tract or parcel which abuts two (2) streets at their intersection.

Double Corner Lot: A lot, tract or parcel which abuts three (3) streets at their intersection.

Double Frontage Lot:  A lot, tract or parcel which is bounded by two (2) streets on opposite sides of the lot, tract or parcel.

Electrical Fence:  An outdoor area enclosure consisting of an electrically charged or partially charged metallic material designed to discourage crossing by either man or animal.

Fence:  An outdoor area enclosure of wood, chain link or other approved building material serving to enclose, divide or protect an area.  Fences shall be defined as walls when the average construction thickness exceeds three (3) inches.

Front Yard:  That portion of a lot lying adjacent to any street or street right of way. 

Interior Lot:  A lot, tract or parcel which is bounded by one (1) or more lots, tracts or parcels along both sides of the lot lines.

Vision Clearance Area:  Established and defined in Ordinance No. 859. 

Wall:  An outdoor area enclosure of masonry, wood, plaster or other approved building material serving to enclose, divide or protect an area.  Fences shall be defined as walls when the average construction thickness exceeds three (3) inches.

(Ord. 943; Code 2016)

A.    All fences and wall shall be placed, erected, installed, built, constructed and/or added to with proper building materials, such as wood, masonry, vinyl, or other normal fence building materials, and shall conform to common building practices

B.    No person shall place, erect, install, build, construct, add as a repair item, use and/or maintain any fence, wall or outdoor area enclosure structure consisting of, or made of what is commonly known as railroad ties, blocking lumber, pallets, or similar materials.  Additionally, no metal siding, metal sheeting or the like shall be used to construct a fence, wall or outdoor area enclosure structure.

C.    No person shall place, install, build, construct, add as a repair item, use and/or maintain any fence or wall with spikes or nails or any other sharp objects imbedded on the top or sides of a fence or wall within any zoning district of the city.

D.    All fences and walls shall be maintained in a structurally sound condition and in good repair.  Fences and walls shall be free from loose or rotting materials and shall have braces and supports attached or fastened in accordance with common building practices.

E.    No person shall place, erect, install, build and/or construct any fence, wall or outdoor area enclosure on City street right of way or on City of Belleville easements.

F.    New fences shall only line up with existing structures or with an existing fence or wall if the existing structure or existing fence or wall is in conformance with Belleville Zoning or this article.

G.    All fences and walls that enclose a lot, tract or parcel shall have sufficient gates for access to city meters

H.    The maximum height of any fence shall be 10’, with the following exception:  Tennis courts, basketball courts, baseball fields, and other normal sport facilities.

(Ord. 943; Code 2016)

A.    Fences or walls erected in front of the building line shall not exceed four (4) feet in height unless approved by variance.  Fences or walls in the front yard may be placed up to the front property line.

B.    Fences or walls placed behind the front building line may be of any type as set forth herein, and may be placed up to the property line.

C.    Rear yard fences may be of any type as set forth herein, and may be placed up to the rear property line.

(Ord. 943; Code 2016)

A.    Fences or walls erected in front of the building line on a lot, tract or parcel adjacent to a street or street right of way, shall not exceed four (4) feet in height unless approved by variance.  Fences or walls in the front yard may be placed up to the front property line, but no fence or wall over two and one half  (2 ½) feet shall be erected in the vision clearance area as set forth herein.

B.    Fences or walls placed behind the front building line may be of any type as set forth herein, and may be placed up to property line.

C.    Rear yard fences may be of any type as set forth herein, and may be placed up to the rear property line.

(Ord. 943; Code 2016)

A.    Fences or walls erected in front of the building line shall not exceed four (4) feet in height unless approved by variance, or in the following exception:

1.    Fences or walls erected in the front yard opposite what is considered the entrance to the structure, shall not exceed four (4) feet in height from the front property line to a setback of 25 feet, measured from the property line, 25 feet into the property. 

B.    Fences or walls in the front yard may be placed up to the front property line.

C.    Fences or walls placed behind the front building line may be of any type as set forth herein, and may be placed up to the property line.

(Ord. 943; Code 2016)

It shall be unlawful for any person to construct, set up or maintain barbed wire or barbed wire fence or electrified wire or electrified wire fence or enclosure within the City.

(Ord. 943; Code 2016)

It shall be the duty of the enforcing official to administer and enforce the provisions of this chapter.  The enforcing official shall have the power to make inspections necessary to carry out his duties.

(Ord. 943; Code 2016)

Prior to construction or alteration of any fence or wall, the property owner shall submit an application for fence construction.  The applicant shall submit a sketch or scale plan indicating the shape, size, height and location on the lot of any fence to be erected, altered or moved, any other building on the lot, property lines and the approximate location of any City of Belleville utility meters on the property.  If the proposed fence complies with the provisions of this chapter and other ordinances of the city, the application will be approved.  If the application is refused, the City shall state the refusal in writing with the cause.

(Ord. 943; Code 2016)

Any person, firm or corporation violating any provisions of this chapter shall upon conviction, be guilty of a misdemeanor and shall be fined in an amount not to exceed one hundred dollars, or be imprisoned not to exceed thirty days, or both so fined and imprisoned.  Each day during or on which a violation occurs or continues shall constitute a separate offense.

(Ord. 943; Code 2016)