[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 submission
of a building permit 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; 10-1-2018 by L.L. 10-2018]
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; 4-1-2024 by L.L. No. 1-2024]
(1) Only the section of fence on properties abutting Port
Washington Boulevard.
(2) Only the section of fence on properties abutting Middle
Neck Road.
(3) Only
the section offence on properties abutting Northern Boulevard.
(5) On pool fences, as provided in Chapter
201 of this Code.
(6) On tennis court fences, as provided in Chapter
212 of this Code.
[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]
[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.
[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. 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.
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]
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.
[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.
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.