Fences, hedges, berms and screen plantings shall
be permitted or, alternatively, shall be required as provided in this
article.
A.
In no case shall barbed wire, spikes, chipped glass, electricity or similar materials or devices be used in conjunction with or as part of any fence. The exceptions to this rule are certain types of fences listed in § 190-33C.
B.
No fence shall be permitted which is expressly designed with the intent to injure or malign anyone who attempts to climb such a fence. The exceptions to this rule are certain types of fences listed in § 190-33C.
C.
Fences shall not be placed within any municipal easement.
[Added 5-6-2019 by L.L.
No. 1-2019]
D.
No fence shall be placed, erected, or constructed on a lot without
a permit issued therefor by the Building Inspector.
[Added 5-6-2019 by L.L.
No. 1-2019]
E.
For purposes of this chapter, a fence shall be deemed to be of closed
construction if its component materials comprise more than 50% of
the area of any and all portions of said fence. For purposes of this
chapter, a fence shall be deemed to be of open construction if its
component materials comprise 50% or less of the area of any and all
portions of said fence.[1]
[Added 5-6-2019 by L.L.
No. 1-2019]
[1]
Editor's Note: Former Subsection F, added 5-6-2019 by L.L. No. 1-2019,
which pertained to requirements for fences located in a front or corner
yard, which immediately followed this subsection, was repealed 5-3-2021 by L.L. No. 11-2021.
A.
Any fence in a residential district shall have its
most pleasant or decorative side facing the adjacent lot, with all
posts being in the applicant's yard, unless such posts or supports
are an integral part of the decorative design of the fence.
B.
No fence, hedge or screen plantings shall be erected
or maintained over a nominal six feet in height from grade level to
the uppermost point of the fence panel, hedge or screen planting,
and shall not extend closer to the right-of-way than the front building
line.
[Amended 6-15-1981; 9-7-1999 by L.L. No. 2-1999; 5-3-2021 by L.L. No. 11-2021]
(1)
Fence posts may extend above the fence panel insomuch as that extension
is necessary for the support of said panel, or are an integral part
of the decorative design of the fence.
C.
No solid fence shall be constructed or maintained
in a manner which shall impede or otherwise obstruct access to the
rear of the dwelling for emergency equipment such as fire-fighting
equipment, etc.
D.
Open decorative fences, hedges or screen plantings may be permitted within any required front yard subject to the issuance of a conditional use permit by the Board of Appeals pursuant to Article XXXII. In addition to any other requirements of a conditional use permit, no such permit shall be issued where:
E.
Fences, hedges or screen plantings lawfully existing
at the time of the passage of this chapter shall be deemed a nonconforming
appurtenance and shall be treated as are nonconforming uses under
this chapter.
F.
Fences shall be continually maintained and no fence,
hedge or screen plantings shall be permitted to become unsightly or
in a state of disrepair.
G.
Open decorative fences, hedges and screened plantings
not exceeding three feet in height and not extending beyond the side
foundation walls of the house are permitted within 10 feet of the
front foundation wall.
H.
Nothing herein contained shall be construed as prohibiting,
in any required front yard, decorative or landscape planting, such
as bushes, flowers, trees and the like, which are not designed or
intended as a fence.
A.
Any fence facing a residential district shall have
its most pleasant or decorative side facing the residential district,
with all posts and supports being on the side of the fence opposite
the residential area, unless such posts or supports are an integral
part of the decorative design of the fence. This relationship shall
prevail where any more restrictive district abuts any less restrictive
district, the less restrictive district having the posts and/or supports
on its side.
B.
Closed and open fences are required within the buffer
zones required elsewhere in this chapter, and shall be a minimum of
six feet high but not to exceed eight feet in height. Such fences
shall not exceed four feet in height between the front setback and
front lot lines.
C.
Barbed wire or electric fences.
(1)
A fence eight feet high with a barbed wire top or
an electric shock fence which would not be detrimental to health,
safety or welfare of any person coming into contact with it may be
permitted in the general commercial and industrial districts, upon
issuance of a conditional use permit by the Town Board, where it can
be demonstrated that:
(a)
The fence is needed to prevent entry to any
area which could be hazardous to the health, safety or welfare of
a person or persons.
(b)
The fence is needed to secure an area where
materials and/or equipment is stored.
(c)
The fence is needed to keep animals other than
common household pets, except in a kennel situation, from leaving
the site.
(d)
Where, in the Board's opinion, other reasons
are presented which, in the general community interests of national
safety, justify the need for such a fence.
(2)
Where such fences are permitted, the fact that they
are either barbed or electrified shall be clearly indicated on the
fences at intervals of not more than 75 feet.
Buffers, berms and screen plantings shall be
provided as required in § 161-33 of the Subdivision Ordinance
of the Town of Gates.[1]
A.
A buffer area of at least 25 feet shall be provided
along the boundary line between any residential district and an NB
or BN-R District. The same buffer area shall be provided along all
boundaries between any R District and an MR District.
B.
A buffer area of at least 100 feet shall be provided
along the boundary of any R, MR, NB or BN-R District and a GB, LI
or GI District.
C.
Such areas shall contain screen plantings of trees, hedges, shrubs,
etc., to provide an immediate visual and sound buffer between the
different districts.
[Amended 5-6-2019 by L.L.
No. 1-2019]
D.
The buffer areas shall be exclusive of any building
setback requirements that may be stated in this chapter.
E.
Where one district is developed along its boundary
and the other is not, the provision of the buffer area will be the
responsibility of the latter property owner, lessee, etc., when the
property is developed.
F.
Where properties abutting each other in adjacent districts
are both undeveloped, the provision of the buffer shall be a mutual
undertaking by both owners. Each will provide 1/2 the required buffer
when the property is developed, or the more permissive zone will provide
the entire buffer area, which will be completely developed no later
than the start of development on the adjacent property.
G.
Where districts are separated by or are designated
as bounding each other within expressway property, no buffer area
need be required. Where district boundaries follow center lines of
other roads and/or rail lines, the distance from the zoning district
boundary line to the subject property line shall be subtracted from
the buffer area requirement, except where this would result in the
elimination of a buffer requirement, there shall be at least a ten-foot
planting strip to act as a screen, provided in accordance with the
requirements for buffers.
