Fence Construction Requirements

Before Starting Your Fence Project

A building permit is required to erect any new fence, regardless of the length or height. This includes re- placing an existing fence.
All supports for fences must be placed on the inside (owner’s side) of the fence.
Any fence that is adjacent to a public right-of-way shall have a gate or opening allowing passage to the right-of-way.
Fence height limits are detailed on the attached sheet
Electrically charged fences, barbed wire, spikes or any other similar devices are not permitted.
Fences may be placed on utility or drainage easements at the homeowner’s risk. Fences must not inhibit drainage flow and may not be installed within a flood plain as determined by FEMA NFIP/FIRM determination maps. If the fence needs to be removed to access utilities for any reason, the City of Batavia or utility contractors are not responsible for reinstallation, repairs and or replacement.
The Plat of Survey is the legal drawing of the property, stamped by a professional surveyor. The location of the fence may be drawn in by hand with the overall length, height and the approximate spacing between the support posts written in. An example is below.
Provide section detail of fence. The detail shall be dimensioned, indicating picket profile and spacing, post spacing, height and proposed materials for construction.

Application Procedure

Submit a completed Building Permit Application to the City of Batavia Building Division of the Community Development Department.
Pay required minimum submittal fee.
Attach two copies of the plat of survey showing the location, height (s), and setbacks to property lines. A sample is below. The survey shall be to scale, not reduced or enlarged when copied.
Attach two copies of a dimensioned fence detail. Indicate picket profile, picket spacing, horizontal rails, post spacing, and construction material. A manufacturers specification sheet with all the above information may be submitted.

Homeowner/Contractor Responsibilities

Call J.U.L.I.E (Joint Underground Location for Inspectors and Engineers) at least 48 hours prior to any digging to locate any underground utilities. Dial 811 or visit www.illinois1call.com.
The homeowner / contractor is responsible for locating the property survey pins and marking the proper- ty line alongside the proposed fence location; this may be done with a string line tied to stakes set adjacent to the located survey pins. The survey pins shall remain exposed until the post hole inspection has been completed.
Schedule the required post hole inspection and final inspection with the Building Division. Please call at least 48 hours in advance (exclusive of weekends and holidays) to schedule inspections to insure that we can meet your schedule. You do not have to be present for the inspections if there is unobstructed access to the yard.
Make sure that the work is ready for inspection before the inspector arrives to avoid a re-inspection fee. Please cancel the inspection if the work is not ready.
All permits conclude after passing a mandatory final inspection.

Batavia Zoning Code Regarding Fences

4.108 Fences : These fence regulations are in addition to the requirements of Section 4.104: Outdoor Business Property Storage and Chapter 4.2: Off-Street Parking and Loading Regulations.

All Districts

Prohibited Fences. Electric fences and razor wire are prohibited in all zoning districts.

Finished Side. The finished side of a fence shall face the exterior of the lot.

Property Lines. A fence may be located on a property line, but shall not cross the property line or connect with an adjacent fence without written consent of the adjacent property owner.

Gate Required. A fence, in the rear setback area of a double frontage lot, located within 10 feet of a right of way shall contain a gate or opening allowing passage. A maximum of one gate is required per zoning lot.

Temporary Fencing

Temporary fencing is permitted in conjunction with:

Construction sites.
Temporary uses pursuant to Section 4.509: Temporary Uses.
Special events, pursuant to a Special Event permit.
Dangerous or hazardous conditions as determined by the Building Commissioner or Fire Chief.

Maintenance

All fences shall be permanently maintained in good condition and repaired or re- placed when necessary to ensure continued compliance with the requirements of this section.

Height

Unless otherwise restricted herein, no fence shall exceed 14 feet in height.

Ground Clearance

Fences located in easements or areas designed for or used to convey storm- water shall have panels, pickets, or chain link/wire fabric located no closer than 2 inches above grade. Such fences that are constructed of masonry shall have openings to allow water passage.

Stormwater Detention Fences

Fences used to delineate stormwater detention areas shall have a maximum opacity of 50%.

Residential Districts

Security Fences. Barbed wire and similar fence types are prohibited.

Front Setback Area Fences. Fences within the required front setback areas shall not exceed a height of 3 feet. Fences constructed of chain link, chicken wire, hex netting or any other wire material are prohibited in residential front setback areas.

Corner Side Setback Area Fences. Fences within the required corner side setback area shall not exceed a height of 4 feet, except when located along a rear property line where the fence cannot exceed a height of 6 feet. Fences constructed of chain link, chicken wire, hex netting or any other wire material are prohibited in residential corner side setback areas, except for fences located along a rear property line.

Side or Rear Setback Area Fences. Fences located in the side or rear setback area shall not exceed a height of 6 feet from finished grade on either side of the fence.

Lot Line Fences. Rear and side lot line fences on residential properties adjacent to commercial or industrially zoned properties or Strategic Regional Arterial Streets as designated in the Comprehensive Plan shall not exceed 8 feet in height.

Recreational Fences

Chain link or woven wire tennis and sport court fencing is permitted within the building envelope.

Commercial, Office, Downtown Mixed Use, and Mixed Use Districts

Security Fences. Barbed wire and similar fence types are prohibited.

Front and Corner Side Setback Area Fences. Fences within the required front and corner side set- back areas shall not exceed a height of 3 feet.

Side or Rear Setback Area Fences. Fences located in the side or rear setback area shall not exceed a height of 8 feet from finished grade on either side of the fence, other than as required to screen loading or storage areas. Such screen fences shall not exceed a height of 14 feet.

Lot Line Fences. Rear and side lot line fences adjacent to properties designated for residential use in the Comprehensive Plan shall not exceed 8 feet in height.

Employment Districts

Security Fences. Barbed wire and similar fence types shall be located a minimum of 7 feet above adjacent grade.

Fences in Front or Corner Side Setback. A fence located in a front or corner side setback area shall:

be set back a minimum of 20 feet from the property line, and
not exceed a height of 6 feet.
Side or Rear Setback Area Fences. Fences located in the side or rear setback area, or on the side or rear property line when adjacent to property in the Limited Industrial or General Industrial
districts, shall not exceed a height of 12 feet from finished grade on either side of the fence. A
fence located on, or within 5 feet of a side or rear property line when adjacent to property not in the Limited Industrial or General Industrial districts cannot exceed 8 feet in height.
Transitional Setback Adjacent to Residential Use. A fence adjacent to a property designated for residential use in the Comprehensive Plan shall be provided and:
be of solid construction
be eight feet in height, and
be located on the property line, or
set back a minimum of 20 feet from the property line, with gate openings provided every 250 feet.

Public Facility/Institutional District

Security Fences. Barbed wire and similar fence types are prohibited, except where deemed necessary for Homeland Security purposes by the Planning and Zoning Officer.