[Ord. No. 777 §26-102, 3-23-1994; Ord. No. 400-870, 3-16-2023]
A. Fences.
1. Fences and walls constructed within the City limits shall comply
with the provisions of the future Section and be constructed in workmanlike
fashion.
2. Materials.
a. General. All materials, including fasteners, supports, ornamental
decorations, etc., used in construction of fences and walls as defined
herein, shall be resistant to the elements.
b. Prohibited. The following materials shall be prohibited in the construction
or use with fences and walls as defined herein:
(1)
Metals, other than wrought iron exclude chain link fences, or
its synthetic substitutes;
(4)
Tires, pallets or other material not specifically designed to
be used as a fence.
c. Exceptions. Security fences located in commercial, or manufacturing
zoning districts may be composed of chain link, and barbed wire and
may be located in the front, side, and rear yards of the property,
subject to approval by Planning and Zoning staff.
3. Constructions Requirements.
a. Fences and walls can be installed up to the property line; but all
posts, bases and other structural parts shall be located completely
within the boundaries of the lot on which it is located.
b. All fences and walls erected adjacent to a public street shall have
the finished side of the fences facing toward the street.
c. The owner and/or occupant of the property shall always maintain his
or her fence or wall in good condition. Fences or walls found to be
in a deteriorated condition and/or in need of repair shall be subject
to the provisions of the Billings City Code.
d. Fences or walls shall not be installed in or through a stormwater
detention basin, retention pond, drainage easement or area of special
flood hazard, unless such fences or walls are formally authorized
by the City though the issuance of a permit.
e. Fences or walls installed in or through a utility easement shall
be installed at the property owner's risk, and the property owner
shall be responsible for the cost of repair to the fence or wall removed
or damaged by a utility company or the City exercising its rights
under the terms of the easement.
f. Exceptions to height requirements in the side yard may be granted
by the City staff responsible for plan review where irregular sidewalls
or other unusual circumstances exist.
g. In no case shall a fence encroach into a public space or into a sidewalk.
All fences shall remain a minimum of twelve (12) inches from the closed
sidewalk edge.
h. In no case should a fence enclose or restrict access to a water meter.
4. Non-Conforming Fences And Walls.
a. Authority To Continue.
(1)
Any fence or wall which does not comply with the applicable
requirements may be continued so long as it remains otherwise lawful.
(2)
Enlargement, Repair, Alteration. Any non-conforming fence or
wall shall not be enlarged, repaired, or altered without obtaining
a building permit and shall thereafter conform to the regulations
of this Chapter.
(3)
Moving. Non-conforming fences or walls shall not be moved in
whole or part for any distance whatsoever to any other location on
the same lot or any other lot unless the entire fence or wall shall
thereafter conform to the regulations of this Chapter.
b. Maximum Allowable Fence/Wall Height.
(1)
All Residential Zoned Districts ("R1-L," "R1-M," "R1-H," "R-2,"
"R-3").
Front yard and front half of side yard forty-eight (48) inches.
Rear yard and rear half of side yard eight (8) feet.
(2)
All Commercial Zoned Districts ("C-0," "C-1," "C-2," "M-1,"
"M-2").
Twelve (12) feet.
B. Screening
shall be required between districts of a different zoning classification
according to the following table:
|
Existing Use
|
---|
"A-1"
|
"R-1L"
"R-1H"
|
"R-2"
|
"R-3"
|
"C-1"
|
"C-2"
|
"M-1"
|
---|
Proposed Use
|
"A-1"
|
no
|
no
|
no
|
no
|
no
|
no
|
no
|
"R-1L"
"R-1H"
|
no
|
no
|
no
|
yes
|
yes
|
yes
|
yes
|
"R-2"
|
no
|
no
|
no
|
no
|
yes
|
yes
|
yes
|
"R-3"
|
no
|
yes
|
yes
|
yes
|
yes
|
yes
|
yes
|
"C-1"
|
no
|
yes
|
yes
|
yes
|
no
|
no
|
no
|
"C-2"
|
no
|
yes
|
yes
|
yes
|
no
|
no
|
no
|
"M-1"
|
no
|
yes
|
yes
|
yes
|
no
|
no
|
no
|
C. The
developer of the proposed use shall be responsible for providing the
screening when such development is adjacent to an existing use designated
with a "yes" in the table above.
D. The
following specific uses will also be required to provide screening
under certain conditions:
1. Churches adjacent to residential uses;
2. Residential uses adjacent to churches;
3. Feedlots, kennels, stables, dairies and riding academies adjacent
to residential uses; and
4. Residential uses adjacent to feedlots, kennels, stables, dairies
and riding academies.
E. Screening
may be provided in one (1) of three (3) manners as follows:
1. A six (6) foot solid board or masonry fence along the entire property
line dividing the proposed use from the existing use.
2. A row of evergreen trees not less than four (4) feet in height at
planting and planted not more than ten (10) feet on center along the
entire property line dividing the proposed use from the existing use.
3. Any other combination of fencing, plantings or berm construction
that meets the minimum standards set by the two (2) manners listed
above. Use of this option requires Planning and Zoning Commission
approval at the zoning or plat approval stage.
F. Maintenance
of the screening shall be the responsibility of the following:
1. The property owner on which the screening is located. If this option
is chosen, it shall be so stated as a deed restriction on the property.
2. A homeowners' association with the authority to collect dues in an
amount sufficient to provide for such required maintenance. If this
option is chosen, a copy of the homeowners' association bylaws must
be filed with the Planning and Zoning Commission.