City of Billings, MO ARTICLE XV Fencing/Screening/Buffering Requirements

Section 400.870 Screening.

[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;

(2) Barb wire;

(3) Electric;

(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.