[HISTORY: Adopted by the Council of the City
of Rye 12-1-1999 by L.L. No. 7-1999; amended in its entirety 1-16-2002
by L.L. No. 1-2002. Subsequent amendments noted where applicable.]
The purpose of this chapter is to protect the
public health, safety and welfare by establishing regulations for
the design, construction and maintenance of fences and wails which,
to the maximum extent practicable, would continue the open appearance
of the community while allowing residents to have reasonable privacy
in the use and enjoyment of their homes.
When used in this chapter, the following words shall have the meaning stated here. Words used in this chapter which are not defined here shall have the meaning defined by Chapter 197. Words not defined by this chapter or by Chapter 197 shall have the meaning established by common usage.
In the case of a lot abutting upon only one street, the property boundary line separating the lot from the street; in the case of a lot abutting more than one street, other than a corner lot, any such property boundary for the area which has been previously designated by the lot owner, pursuant to Chapter 197, as being the front yard or which has been irrevocably designated by the lot owner, pursuant to this chapter, as being the front division line. Each lot may have only one front division line unless it is a corner lot, as defined by Chapter 197 (§ 197-1), which would have two front division lines. For the purposes of Chapter 90 only and notwithstanding the foregoing, in the case of a corner lot on Boston Post Road between the northern end of Old Post Road and Osborn Road where an existing residence does not front on Boston Post Road, such property shall be deemed to have only one front division line, that being the property boundary line separating the lot from the street upon which the residence faces.
[Amended 4-4-2012 by L.L. No. 3-2012]
The line forming a property boundary of the lot which is
generally opposite the front division line.
The property boundary line or lines forming any part of the
connection of the front division line with the rear division line.
A structure made of any materials, or combination of materials,
with clearly visible spaces between component parts, which encloses,
separates, divides or defines a lot or portion thereof "Fence" includes
a barrier of the stockade type made of parallel wooden posts or split
poles.
The vertical distance between the natural grade of the property
at the base of the fence or wall and the highest horizontal member
at the top. In the case of picket fences, wrought-iron fences with
decorative elements, fences made of vertical boards with rounded ends
or other structures of similar design, the top of the fence shall
be a line parallel to the tops of the several points.
The measurement of the height of a fence or
wall shall not include the height of an appropriate accessory structure,
such as an entrance gate, an archway or a decorative column at the
corner of the lot.
The measurement of the height of a fence or
wall which has a top that is curved, with the height of the central
portion being higher or lower than the height at the ends, is the
vertical distance between the natural grade of the property at the
base and an average of the height of the central portion and the height
at the ends.
The height of a fence or wall erected on a grade
approximately equal to the top of a retaining wall, situated within
three feet horizontally from the face of the retaining wall, shall
be measured from the bottom at the grade immediately adjacent to the
base of the fence or wall.
A line forming the perimeter of a lot, delineating the separation
between the lot and an adjoining lot or the right-of-way of an abutting
street as described by a recorded deed.
An assembly of materials forming a construction framed of
component parts for occupancy or use, including buildings, but not
including a small object which is an accessory to a building or another
structure (such as decorative statuary or railing for a walkway).
A structure made of any materials or combination of materials,
without clearly visible spaces between components parts, which encloses,
separates, divides or defines a lot or portion thereof "Wall" does
not include a stockade type of fence.
A wall which is not a retaining wall.
A wall designed to retain or resist the lateral displacement
of earth or other materials, whether or not it serves to enclose or
subdivide any part of the lot in which it is located. This chapter
does not establish standards for design, location, construction or
maintenance of retaining walls and does not affect any such standard
as may be required by other applicable law.
A.Â
For the purposes of this section, the term "fence"
also includes every type of wall, and a repair made to more than 25%
of an existing fence shall be considered a replacement. No person
shall erect or install a new fence or shall extend, enlarge, replace
or substantially modify an existing fence without having obtained
a permit from the Building Inspector.
B.Â
An application for a permit shall be made to the Building
Inspector, on forms provided by the Building Department, and shall
contain the following information:
(1)Â
An accurate plan showing property lines and the location
of the proposed new or modified fence on or within the applicant's
property lines and the height of the proposed new or modified fence.
(2)Â
The full name and address of the owner and of the
applicant.
(3)Â
A brief description of the materials to be used.
(4)Â
Such other information as may reasonably be required
by the Building Inspector to establish compliance with all applicable
requirements.
C.Â
The application for a permit shall be submitted for
review by the Building Inspector upon receipt of payment of such fees
as may be required by resolution of the City Council.
D.Â
A determination by the Building Inspector which denies
an application must be made in writing and must state the reason for
denial.
E.Â
Failure of the Building Inspector, within seven business
days after receipt of a completed application and fee, to deny the
application or to make any other determination shall be deemed to
be approval.
F.Â
Any person violating any of the provisions of this
section shall, upon conviction thereof, be punished by a fine not
exceeding $250 or by imprisonment for a period not exceeding 15 days,
or by both such fine and imprisonment.
Except as otherwise provided by this chapter,
no fence or freestanding wall which exceeds four feet in height shall
be erected along a front division line or anywhere on the lot within
35 feet of a front division line (measured by the shortest distance
to such line).
In all residence districts, no fence or freestanding
wall which exceeds six feet in height may be erected along a rear
division line or anywhere on the lot within 35 feet of a rear line
(measured by the shortest distance to such line).
In all residence districts, no fence or freestanding
wall which exceeds four feet in height may be erected along a side
division line if such fence or wall would be situated within any part
of an area of the lot that is within 35 feet of the front division
line (measured by the shortest distance to such line) or if such fence
or wall would be situated within 35 feet of the right-of-way of an
abutting street. However, if the shortest distance from the front
division line to an existing residential structure is less than 35
feet, the limitation requiring that the height of a fence or wall
may not exceed four feet extends from the front division line along
the side line to the point that is the shortest distance to the residential
structure. No such fence or wall which exceeds six feet in height
may be erected along any other segment of the side line or within
35 feet of the side line (measured by the shortest distance to such
segment).
If such fence or freestanding wall is erected
near the side line of a lot being used as a residence which abuts
property in a business district being used as a business, and if a
point on the side line nearest to the building on either the residential
property or the business property is within 35 feet of the front division
line, the height of such fence or wall may not exceed four feet for
a distance from the front division line until such point and may not
exceed six feet in height beyond such point.
A fence or freestanding wall erected on a residence
lot which abuts I-95 or I-287 and is situated within one foot of the
property line may exceed four feet in height but may not exceed six
feet in height.
The height of a fence or freestanding wall may
exceed four feet but may not exceed six feet above the natural grade
if it is:
[Amended 8-10-2011 by L.L. No. 4-2011]
In all business districts, no fence or freestanding
wall that exceeds six feet in height may be erected along a rear or
side division line or anywhere on the lot within 35 feet of such line
(measured by the shortest distance to such line); except that, if
the lot abuts a street, the height of a fence or wall located within
35 feet of the line abutting a street may not exceed four feet; and,
if the lot adjoins a lot within a residence district, the height may
not exceed the height that would be allowed on the adjoining lot.
The foregoing notwithstanding, in the B-5 Interchange Office Building
Districts only, a fence or freestanding wall not to exceed six feet
in height may be erected within 35 feet of the line abutting a street.
In all districts, the following are specifically
prohibited:
A.Â
Barbwire fences or fences using razor wire or any
other material likely to cause physical injury to persons or animals.
B.Â
Fences or walls erected in such a manner as to inhibit
or divert the natural drainage flow or cause the blockage or damming
of surface water creating ponding.
C.Â
Fences or walls which may create a fire hazard or
other dangerous condition or which may result in obstruction to effective
fire fighting.
In all residence districts, the following are
specifically prohibited:
A.Â
Chain-link fences having an unfinished or jagged top
edge; and chain-link fences having the opening spaces between wires
covered by fabric sheeting or by strips of plastic or other material
woven through the open spaces. In the case of a fence constructed
before the effective date of this chapter, the requirements of this
section shall apply upon the repair or replacement of that fence or
wall.
B.Â
Temporary fences, such as snow fences or expandable
and collapsible fences, unless necessary for use on sites under construction
or for snow control; canvas and/or cloth fences, except when necessary
for protection of shrubs and vegetation.
In all districts, except the Central Business
District, no structure or planting of bushes or trees shall be maintained,
or shall be allowed to remain, on any lot within 25 feet of any street
corner intersection, measured in any direction by the shortest distance
to the nearest corner, at a height in excess of three feet above curb
level or so as to interfere with the visibility of vehicle traffic
across the corner.
In all districts, a fence or wall shall be erected
with the smooth, finished or better side facing out toward the adjoining
lot or abutting street; and all fence posts or supporting members
shall be placed on the inside of the fence or wall. In the case of
a fence or wall constructed before the effective date of this chapter,
the requirements of this section shall apply upon the repair or replacement
of that fence or wall.
Fences, walls and the area between their exterior
side and the nearest property line (or the nearest curbline if there
is an abutting street) shall be properly maintained at all times;
broken, cracked, rotted or rusted structural components shall be removed
or repaired promptly; grounds shall be kept clear or planted with
vegetation appropriate to the site. A property owner who fails to
provide proper maintenance may, after notice by the Building Inspector
and an opportunity to correct the situation, be required to remove
the fence or wall.
The Building Inspector shall have the duty and
all power necessary to issue appropriate notices or orders directing
a property owner to correct any conditions which are in violation
of this chapter.
The Board of Appeals, acting pursuant to Chapter 197, is specifically vested with the additional jurisdiction necessary to hear and decide appeals by persons who may be aggrieved by a determination made by the Building Inspector in the enforcement of the provisions of this chapter.
For the purposes of this chapter, a person who
may claim to be aggrieved must be an owner of a lot where a fence
or wall has been erected or is sought to be erected or must be an
owner or occupant of a lot which adjoins such lot or is situated on
the opposite side of a street across from such lot. An appeal must
be filed with the Clerk of the Board within 30 days after the determination
being appealed was made.
The standard that shall be used by the Board
of Appeals in determining appeals made pursuant to this chapter shall
be the most restrictive standard generally applicable in the State
of New York for the granting of a variance from enforcement of provisions
of a zoning ordinance limiting the height of structures located in
a residential district. In making a determination on an appeal, the
Board may consider the unusual amount of automobile traffic on a street
adjoining a residence lot as being a relevant factor. Any roadway
designed with four lanes for use by vehicles is presumed to have an
unusual amount of traffic.
The Board of Appeals is authorized to adopt
and issue such rules or regulations as may be necessary for orderly
administration of this chapter. A copy shall be on file in the Building
Inspector's office.
