Village of Flower Hill, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Flower Hill 1-6-1976 as Ch. 25 of the 1976 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, Art. II.
Building construction — See Ch. 85.
Swimming pools — See Ch. 201.
Tennis courts — See Ch. 212.

§ 119-1 Fence requirements.

[Amended 7-11-1983 by L.L. No. 1-1983]
All fences within the Village of Flower Hill shall conform to the following requirements:
A. 
No fence shall be erected in a front yard of any property within the Village. Notwithstanding anything herein contained to the contrary, decorative, non-property-line fences that do not exceed four feet in height nor forty-percent opacity may be permitted in whole or in part upon a finding by the Board of Trustees, after application thereto, that the existence of such decorative fence will not adversely impact upon the community or upon a neighbor.
[Amended 11-10-1999 by L.L. No. 3-1999; 11-6-2000 by L.L. No. 3-2000; 11-13-2007 by L.L. No. 2-2007]
B. 
Fences on corner lots or lots fronting on two or more streets. Corner lots or lots fronting on two or more streets shall, for the purposes of this section, be deemed to have a front yard in any yard, or part thereof, adjoining a street, whether public or private, and with respect to any such yard there must be full compliance with the provisions of Subsection A hereof.
C. 
Fences in side or rear yards. Except where otherwise provided in this Code, no fence in a side or rear yard shall exceed a height of five feet from the existing grade at the base thereof.
[Amended 11-10-1999 by L.L. No. 3-1999; 11-6-2000 by L.L. No. 3-2000]
D. 
Fences shall be constructed with a finished side facing any adjoining property or street.
E. 
Maintenance. All fences shall be maintained in a sound structural condition and in good repair.
F. 
The term "fences" as used in this section shall include walls of all types and materials except retaining walls.
G. 
All compost piles shall be screened with a solid fence no less than four feet high.
[Added 11-10-1999 by L.L. No. 3-1999]
H. 
Notwithstanding anything herein above contained to the contrary, and without limitation upon any other provision of this Code limiting the height of fences, fences erected hereunder shall not exceed a height of six feet from the existing grade at the base thereof:
[Added 11-6-2000 by L.L. No. 3-2000]
(1) 
On properties abutting Port Washington Boulevard.
(2) 
On properties abutting Middle Neck Road.
(3) 
On buffer strip fences, as provided in § 240-15D(2)(d) of this Code.
(4) 
On pool fences, as provided in Chapter 201 of this Code.
(5) 
On tennis court fences, as provided in Chapter 212 of this Code.

§ 119-2 Retaining wall requirements.

[Amended 7-11-1983 by L.L. No. 1-1983]
All retaining walls within the Village of Flower Hill shall conform to the following requirements:
A. 
Retaining walls in front yards. No retaining wall in a front yard shall exceed a height of two feet when measured from the lowest part of the base of the wall to the highest part of the top of the wall.
B. 
Retaining walls on corner lots. Corner lots or lots fronting on two or more streets shall, for the purposes of this section, be deemed to have a front yard in any yard, or part thereof, adjoining a street, whether public or private, and with respect to any such yard there must be full compliance with the provisions of Subsection A hereof.
C. 
Retaining wall in side or rear yards. No retaining wall in a side or rear yard shall exceed a height of four feet when measured from the lowest part of the base of the wall to the highest part of the top of the wall.
D. 
The term "retaining wall" as used in this section shall include a structure or barrier, the intended use for which is to separate and act as a barrier between two areas of earthen material of different elevations.
[Added 11-10-1999 by L.L. No. 3-1999]
E. 
Where multiple retaining walls are required to retain earth in excess of the maximum retaining wall height permitted by this section, the height-to-setback ratio of such walls shall be no greater than one foot vertical to one foot horizontal.
[Added 6-7-2004 by L.L. No. 13-2004]

§ 119-3 Barbed wire fences prohibited.

[Amended 7-11-1983 by L.L. No. 1-1983]
No person shall erect or maintain or cause or allow to be erected any barbed wire or similar fence or fences in which barbed or similar wire is used on any premises within the Village of Flower Hill.

§ 119-4 Permit required; variances; definitions.

[Amended 7-11-1983 by L.L. No. 1-1983]
A. 
It shall be unlawful for any person to erect, construct or alter any fence or retaining wall within the Village of Flower Hill until an application for such fence or retaining wall shall have been submitted to and approved by the Building Inspector and a written permit issued therefor by him pursuant to the provisions of the Building Code of the Village of Flower Hill.[1] It shall be unlawful for any owner or occupant of a lot or premises within the Village of Flower Hill to permit a fence or retaining wall (or any portion thereof) to remain on such lot or premises for more than six months from and after the date on which the permit for said fence or retaining wall was issued by the Building Inspector unless a certificate of completion for said fence or retaining wall shall have been issued by the Building Inspector. The Building Inspector shall not issue a certificate of completion unless he shall first receive from the applicant a survey from an engineer or surveyor licensed to practice in the State of New York locating the fence or retaining wall on the lot and indicating the height of the fence or retaining wall.
[1]
Editor's Note: See Ch. 85, Building Construction.
B. 
Any variance of the provisions of this chapter must be submitted to the Board of Appeals under the powers delegated to it under the Village Law, its regulations and the provisions of the Building Code of the Village of Flower Hill.
C. 
The definitions of "yard," "front yard," "side yard," "rear yard," "lot," "corner lot," "street" and "street line" as contained § 240-1 of Chapter 240, Zoning, of the Code of the Village of Flower Hill shall apply to this chapter.
D. 
A permit granted for the construction of a fence shall expire three months from the day upon which it was granted.
[Added 5-4-2009 by L.L. No. 6-2009]

§ 119-5 Variances.

Any variance in and to this chapter, together with the application for the erection and maintenance of a fence in any district other than a residential district, must be submitted to the Board of Appeals under the powers delegated to it under Village Law, its regulations and the provisions of Chapter 85, Building Construction, of the Village.[1]
[1]
Editor's Note: Former § 25-6, Enforcement, which immediately followed this section, was deleted 11-10-1999 by L.L. No. 3-1999.

§ 119-6 Applicability.

[Added 11-10-1999 by L.L. No. 3-1999]
All height requirements herein shall apply to natural elevation of the grade as of the date of enactment of this chapter.

§ 119-7 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties, of the Code of the Village of Flower Hill.