Question:  Is a building permit required for the installation of a fence? Are fees required for the installation of a fence? Are there any requirements for a fence?

Answer: A fence permit is required for the installation of a new fence, replacement of an existing fence, and the extension of an existing fence. A fee is assessed for each fence permit in accordance with the adopted fee schedule. Following are the relevant definitions and specific requirements that apply to the construction of a fence:

Section 11-2-1: Fence Definitions:

“Fence: A man-made structure, which is constructed for the purpose of or has the effect of enclosing or screening in the area it is constructed upon.

Fence, Open or Open Fence: A fence including gates, which has over its entirety, no less than fifty percent (50%) of the surface area in open space.  Examples include, but are not limited to: chain link, wrought iron, picket and split rail.

Fence, Solid or Solid Fence: A fence which is not open over fifty percent (50%) of the surface area.  Examples include, but are not limited to: stockade, board and batten, chain link with woven slat inserts and brick.

Fence Material, Unacceptable: Materials such as cinder block, plank lumber over 6” in width, scrap lumber, scrap materials, pallet lumber, plastic pipe, “chicken wire mesh” (except as allowed around a planted vegetable garden, as seasonally required), square wire farm fence, fabric, burlap plastic or canvas tarp and wood and plastic snow fencing.

Grade: The average, undisturbed elevation of the finished surface of the ground adjoining the exterior walls of a building or structure prior to excavation or construction operations.”

Section 11-7-3(E):  Fences

  1. Front yard fences:
  1. Front yard fences on interior lots must be open type fences (i.e. wood picket, wrought iron, chain link and split rail) not more than forty eight inches (48”) in height above grade.  Any fence other than an open fence is not permitted in front yards on interior lots.
  1. Front yard fences on corner lots must be open fences, not more than forty eight inches (48”) in height above grade; provided, however, any other fence, including an open fence, not more than six feet (6’) in height above grade, is permitted in that front yard which the principal building does not face, from a line established by the rear face of the principal building to the rear property line and provided that such fence is set back from the street side property line and provided that such fence is set back from the street side property line no less than three feet (3’).
  1. Side and rear yard fences:  Side yard and rear yard fences may be open fences or solid fences, but may not exceed six feet (6’) in height above grade and be setback three feet (3’) from the rear property line when an alley exists at the rear of the property.
  1. All fences must comply with the visibility at intersections requirements contained in this Code. Pursuant to Section 11-7-2, (C), Visibility at Intersections:  On a corner in any residence district no fence, wall, hedge, earth terrace, parking facility or other structure or plant which would obstruct motor vehicle visibility of traffic approaching the corner or intersection, shall be erected, placed or maintained within the triangular area formed by the intersecting lot lines nearest the street intersection, and a straight line joining the lot lines at points which are 20 feet distant from the point of intersecting lot lines.
  1. No wall or hedge more than four feet (4’) in height shall be permitted in the front yard.
  1. The front face, or finished side of a fence shall be directed toward adjacent residential property or streets, however the back face or unfinished side of a fence may be oriented toward an alley.

To obtain a fence permit, please prepare a sketch of the location that includes the height of the fence.  Submit that sketch along with a fence permit application to the Building and Safety Office located at City Hall, 700 Broadway Street.

Please call the Building and Safety Office with any questions: 217-732-6318.