[Amended 6-17-2002 by L.L. No. 1-2002]
No gate, gatepost, pillar, wall, or permanent
fence shall be erected without the approval of the Building Inspector.
[Amended 6-17-2002 by L.L. No. 1-2002]
A. Except for retaining walls and standard tennis court fencing which otherwise comply with the requirements of this Code, no gate, gatepost, pillar, wall or permanent fence exceeding six feet, six inches in height, measured from the curb or ground level, whichever is higher, shall be erected on any premises within the setbacks required by Chapter
129 of this Code, unless permitted by the Board of Appeals upon application therefor.
B. In determining whether to permit such a gate, gatepost,
pillar, wall or permanent fence exceeding six feet, six inches in
height, the Board of Appeals shall consider its conformity with the
character of the neighborhood, the visibility and appearance of such
structure from neighboring streets and properties, the purposes to
be served by such structure, and the necessity for the height proposed
in order to serve such purposes.
On a corner lot, no fence, wall, hedge or other
structure or planting shall be erected, planted or maintained within
the triangular area formed by the intersecting street lines and a
straight line joining said street lines at points 30 feet distant
from the point of intersection which may obstruct the visibility of
vehicular or pedestrian traffic.
The following fences and fencing materials are
specifically prohibited:
E. Electrically charged fences.
H. Expandable fences and collapsible fences, except during
construction of a building.
All chain link fences erected shall be erected
with the closed loop at the top of the fence.
All stockade, picket, cyclone, chain link fences
and similar type fences and walls wherein fencing, screening and wall
materials are affixed to supporting structures shall be placed with
the finished fencing or wall facing the street or adjoining property
owner.
All entrances or gates shall open into the property.
The Building Inspector shall have the authority
to direct, in writing, the removal, trimming or modification of any
shrubs, bushes, plants, trees, flowers or other vegetation, fence,
wall, hedge or other structure on private or public property wherever
the same shall interfere with the adequate visibility of operators
of motor vehicles at street intersections or curbs. Any person who
shall refuse or neglect to comply with the written direction of the
Building Inspector shall be guilty of a violation of this chapter
and shall be subject to its penalties.
[Amended 4-12-1994 by L.L. No. 1-1994]
Any person committing an offense against any
provision of this chapter shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not exceeding $250 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
[Added 6-9-2015 by L.L.
No. 2-2015]
All fences shall be maintained in good repair, shall be structurally
stable and shall not create a negative visual impact on the community
or surrounding properties.