[HISTORY: Adopted by the Common Council of the City of Glens
Falls 12-18-1997 by L.L. No. 8-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Cemeteries — See Ch. 77.
A.
The purpose of this chapter is to promote the health, safety, general
welfare and aesthetic quality of the City of Glens Falls.
B.
It shall be prohibited, except where provided in this chapter or
any other ordinance of the City, to use barbed wire, electricity or
similar materials or devices in conjunction with or as part of any
fence.
C.
Any variation from this chapter or failure to act by the Building
Inspector may be brought to the Zoning Board of Appeals under § 220-68.
As used in this chapter, the following terms shall have the
meanings indicated:
A barrier consisting of materials assembled, constructed
or erected at a fixed location on the ground or attached to the ground.
"Fence" does not include a hedge or similar barrier composed of growing
vegetation or a man-made berm.
A yard extending along the full length of the front lot line
between the side lot lines.
The distance measured from the existing grade to the top
of the fence.
Any fence or hedge composed of live materials.
No fence, wall or other type of construction shall be erected
without first being approved by the Building Inspector or as otherwise
provided for in this chapter or in the Zoning Ordinance.[1] Any fencing in business and industrial zones and utility
facilities in any zones shall first be approved by the Planning Board
before any permits are issued by the Building Inspector.
[1]
Editor's Note: See Ch. 230, Zoning.
[Amended 3-24-2009 by Res. No. 115; 11-10-2020 by L.L. No. 5-2020]
Any persons, corporations, firms or associations intending to
erect a fence shall, before any work is commenced, make application
to the Building Inspector on a form provided by the Building Inspector.
Said application shall be accompanied by a plan or sketch showing
the proposed location of any fence and the materials proposed to be
used therein, along with any other information deemed necessary by
the Building Inspector, which must be in accordance with this chapter
and any other pertinent local law regulating construction within the
City of Glens Falls. Upon issuance of a permit, which will be in effect
for a period of six months after the date therein, it shall be available
on the job site during progress of the work so that it may be inspected
by proper City officials, including but not limited to the Building
Inspector and Code Enforcement Officer. All fees established by the
Common Council must be paid at the time of submission of an application
for a permit. A schedule of all such fees will be available for review
in the office of the City Clerk and in the Building Department.
Living fences are subject to all provisions of this chapter.
In addition, no living fence shall be placed nearer than one foot
to any sidewalk in existence, any prospective sidewalk or property
line. Living fences must be maintained in a neatly trimmed condition
and shall not interfere with the visibility of vehicular and pedestrian
traffic.
Any fence erected in a front yard shall be placed at least one foot back from the sidewalk. Living fences shall be placed in accordance with § 104-5 of this chapter. If no sidewalks are in place, then the fence shall be set back a minimum of six feet from the pavement.
A.
Residential zones.
(1)
All fences in a residential zone shall have its most pleasant or
decorative side facing the adjacent properties.
(2)
No fence over three feet in height shall be erected or maintained
within minimum front-yard setback requirements of the Use Schedule.
(3)
A fence shall not be erected within any residential district that
shall exceed six feet in height.
(4)
No fence shall be permitted which is expressly designed with the
intent to injure or maim anyone who attempts to climb such fence.
B.
Cultural-Professional Zones.
(1)
All fences in a Cultural-Professional District shall have its most
pleasant or decorative side facing the adjacent properties.
(2)
No fence over three feet in height shall be erected or maintained
within minimum front yard setback requirements of the Use Schedule.
(3)
A fence shall not be erected within any Cultural-Professional District
that shall exceed six feet in height.
(4)
No fence shall be permitted which is expressly designed with the
intent to injure or maim anyone who attempts to climb such fence.
C.
Business Zones. Regulations shall be the same as Cultural-Professional
Zones, except that a fence no greater than eight feet in height with
a barbed-wire top which would not be detrimental to health, safety
or welfare of the public may be permitted, provided that said fence
meets one of the following requirements:
(1)
The fence is needed to prevent entry to an area which could be hazardous
to the health, safety and general welfare of the community.
(2)
The fence is needed to secure an area where materials and/or equipment
are customarily stored.
(3)
The general community interest or the interest of national safety
justifies the need for such a fence.
A.
Fences shall be continually maintained, and no fence shall be permitted
to become unsightly or in a state of disrepair, as determined by the
Code Enforcement Officer.
B.
Fences may be painted white or earth-tone colors and may not be painted
in any case a flourescent or in obnoxious schemes that are not in
harmony with the neighborhood, as determined by the Code Enforcement
Officer.
This chapter is applicable to new fencing constructed on or
after the date of adoption of this chapter.
Any person, firm, corporation or association who shall be found
in violation of this chapter or who fails to comply with a written
order of the Code Enforcement Officer regarding any provisions of
this chapter, shall be subject to a fine of not more than $250 or
10 days in jail, or both. Each day that a violation shall continue
shall be deemed a separate offense.
