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Berkeley City Zoning Code

CHAPTER 10

FENCES

12-10-1: DEFINITIONS:

For the purposes of this chapter, the definitions of terms contained in section 12-2-3 of this title shall apply to those terms as used in this chapter. Other terms are hereby defined as follows:
FENCE: Any structure, other than an enclosed building, forming a barrier or boundary between lots, between a lot and any street or alley, or between portions of a lot or lots, including a recreational fence.
RECREATIONAL FENCE: A fence used principally as a backstop, shield, or enclosure for a sport or recreational activity. (2005 Zoning Code)

12-10-2: COMPLIANCE REQUIRED; REMOVAL FOR NONCOMPLIANCE:

   A.   Compliance: No fence shall be built, installed, erected, enlarged, extended, maintained, or allowed to exist in violation of the provisions of this chapter.
   B.   Removal: Any fence so built, installed, erected, enlarged, extended, or maintained, except as provided in section 12-10-10 of this chapter, shall be removed by the owner thereof. (2005 Zoning Code)

12-10-3: PERMIT REQUIRED; FEE; APPLICATION:

   A.   Permit; Fee: No person shall build, install, erect, enlarge, or extend a fence or part thereof without obtaining, in advance, a permit therefor and paying the fee provided in the village fee schedule.
   B.   Application: An application under this chapter shall be made to the building commissioner and shall include a sketch plan describing the proposed fence and showing, to the extent necessary to establish compliance with the requirements of this chapter, its location in relation to:
      1.   The lot lines of the lot on which the fence is placed.
      2.   Any structures on said lot.
      3.   Any structures on adjacent properties, and depicting any proposed grade changes in said area. (2005 Zoning Code)

12-10-4: CONSTRUCTION STANDARDS:

   A.   Requirements:
      1.   All fences shall be built, installed, erected, reconstructed, restored, replaced, or extended in a good and workmanlike manner.
      2.   No structural components of a fence, other than the structural components of a brick or stone fence, shall exceed six inches (6") in width.
      3.   All fences shall be securely anchored to the ground.
      4.   All fences shall be built, installed, erected, reconstructed, restored, replaced, or extended so that all posts and any other structural components, and the unfinished side of the fence, if any, shall face into the lot on which the fence is placed.
   B.   Height: No fence or part thereof shall be permitted in excess of the following height limits:
      1.   Residential districts and lots used for residential purposes:
         a.   Corner side yard, except for subsections B1c and B1d of this section: Four feet (4').
         b.   Fences are prohibited in any front yard. Any other yard, except for subsections B1c and B1d of this section: Six feet (6').
         c.   Within ten feet (10') of, and parallel to, a lot line of any lot used for nonresidential purposes: Eight feet (8').
         d.   Within ten feet (10') of, and parallel to, a lot line abutting the Illinois tristate toll road: Eight feet (8'). (2005 Zoning Code)
         e.   Six foot (6') high solid fences on corner lots not necessarily adjacent to commercial or industrial zones will be allowed only in circumstances where the fence does not impede any clear sight area or otherwise create a hazard to pedestrians crossing driveways, persons using crosswalks and drivers of vehicles at any intersection or driveway. Safety determination will be made by the building commissioner with the advice of the fire chief and police chief.
      2.   In nonresidential districts and lots used for nonresidential purposes, the front, corner side yard, and any other yard, height limit shall be: Eight feet (8').
      The eight foot (8') limit provided for in this subsection B2 shall be reduced to a maximum height of not less than four feet (4') along any lot line abutting a lot used for residential purposes, if determined by the building commissioner to be necessary for purposes of promoting pedestrian and vehicular traffic safety.
      3.   Exceptions to subsections B1 and B2 of this section: (2005 Zoning Code)
         a.   Chainlink fences, wherever located: Six feet (6'). Chainlink fences in manufacturing districts are permitted up to eight feet (8') in height if the zoning administrator determines that the height is for security purposes and the height will not negatively affect the adjacent properties.
         b.   Any post or other principal vertical support component: Six inches (6") above maximum height.
(2005 Zoning Code; amd. Ord. 05-07, 2-15-2005; Ord. 11-24, 7-19-2011; Ord. 24-52, 9-17-2024)

12-10-5: CLEAR SIGHT AREA:

   A.   Maximum Height Of Shrubs, Fences, Other Structures: Shrubs, bushes and plantings within the clear sight area shall be trimmed or limited to a maximum height of forty five inches (45"). Solid fences and other solid structures (excluding existing buildings) within the clear sight area shall be limited to a maximum height of twenty four inches (24"). Measurements shall be from the ground to the top of the object. In any event, a lesser height must be maintained if necessary to comply with the minimum horizontal sight distance across such clear sight area specified in subsection B of this section.
   B.   Minimum Horizontal Sight Distance: In no case may overhanging branches, shrubs, bushes, plantings, solid fences or other solid structures (excluding existing buildings) in a clear sight area be of a height which obstructs horizontal sightlines across such clear sight area measured from points forty five inches (45") above the centerlines of the intersecting streets along such centerlines for a distance of one hundred feet (100') from the center of the intersection. (2005 Zoning Code)

12-10-6: MEASUREMENT OF HEIGHT:

The height of all fences shall be measured from the existing natural grade on which the fence is located, as determined by the building commissioner, to the top of the fence. (2005 Zoning Code)

12-10-7: MAINTENANCE:

All fences shall be maintained in good condition. (2005 Zoning Code)

12-10-8: SWIMMING POOL ENCLOSURES:

All swimming pools shall be enclosed with an effective barrier or fence, or be inaccessible to small children. A private swimming pool, or the lot or premises on which it is located, shall be enclosed with a fence or other structure not less than four feet (4') in height with no openings therein other than doors opening through such enclosure which shall have self-closing latches located not less than four feet (4') from the bottom of such door or gate. Doors of buildings forming a part of the required enclosure need not be so equipped with self-closure. (2005 Zoning Code)

12-10-9: PROHIBITED FENCES:

Notwithstanding any provision of this chapter to the contrary, the following prohibitions apply to all fences in the village:
   A.   Chainlink Or Cinder Block: No chainlink, stockade, or cinder block fence shall be permitted in any front yard or any corner side yard.
   B.   Solid Wood: No "solid wood fence", as defined in this subsection, shall be permitted in any front yard or any corner side yard. A "solid wood fence" is a fence made of wood in which the open spaces, when viewed at a right angle to the vertical fence plane, constitute less than one-third (1/3) of the total fence contour. The "total fence contour" is the entire square foot area within and between the outside vertical outline of the fence. The open spaces are areas within the total fence contour, which, when viewed at right angles to the vertical fence plane, allow clear visibility through said fence plane. (2005 Zoning Code)
   C.   Strips Or Slats: A chainlink fence in any district within the Village may contain strips or slats of any kind between or among the links.
   D.   Barbed Wire: No barbed wire fences shall be permitted; provided, however, that no more than three (3) strands of barbed wire may be used on the top of fences enclosing public utility facilities.
   E.   Electrically Charged: No electrically charged fences shall be permitted.
(2005 Zoning Code; amd. Ord. 11-24, 7-19-2011; Ord. 24-65, 11-5-2024)

12-10-10: NONCONFORMING FENCES:

All fences heretofore lawfully constructed and not in conformity with the provisions of this chapter shall be deemed nonconforming fences and may exist and may be maintained, reconstructed, restored, or replaced; provided, however, that no such maintenance, reconstruction, restoration or replacement shall expand any existing nonconformity or create any new nonconformity. No nonconforming fence shall be enlarged or extended in any manner, except in accordance with the provisions of this chapter. (2005 Zoning Code)

12-10-11: EXEMPTIONS:

The provisions of this chapter shall not apply to fences owned or maintained by the village or to fences constructed and maintained by any other governmental body or agency for the principal purpose of reducing noise. (2005 Zoning Code)

12-10-12: VIOLATION; PENALTY:

Any person who violates any provision of this chapter shall, upon failure to cure said violation within thirty (30) days after written notice thereof from the zoning administrator, be subject to fines listed in section 12-3-6 of this title. (2005 Zoning Code)