[HISTORY: Adopted by the Board of Trustees
of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure regardless of composition, except a living
fence, that is erected or maintained for the purpose of enclosing
a piece of land or to divide a piece of land into distinct portions.
A ground area between the street line (right-of-way) and
a line drawn parallel or generally parallel thereto at the building
line, unoccupied by any building or structure other than exceptions
as provided herein such as fences or retaining walls. All corner properties
adjacent to a public street, alley or highway shall also be considered
as a front yard for purposes of this chapter. To the extent necessary,
this definition shall specifically not apply for purposes of swimming
pool protection.
[Amended 11-14-2023 by L.L. No. 17-2023]
The distance measured from the existing grade to the top
of the fence.
A ground area between the rear lot line and a line drawn
parallel or generally parallel thereto at the building line, unoccupied
by any part of a building or structure other than exemptions provided
herein such as fences, retaining walls or accessory buildings.
[Added 11-14-2023 by L.L.
No. 17-2023]
A ground area between a front yard and rear yard and between
a property line and a line drawn parallel thereto at the side building
line, unoccupied by any part of a building or structure other than
exemptions provided herein such as fences, retaining walls or accessory
buildings.
[Added 11-14-2023 by L.L.
No. 17-2023]
No fence, wall or other type of construction
shall be erected without the approval of the Code Enforcement Officer.
Any person or persons, corporation, firm or
association intending to erect a fence shall, before any work is commenced,
make application to the Code Enforcement Officer on a form provided
by the Code Enforcement Officer. Said application shall be accompanied
by a plan or sketch showing the proposed location of any fence, the
materials proposed to be used therein which must be in accordance
with this chapter and any other pertinent local law regulating construction
within the Village and be accompanied by an appropriate fee. Upon
approval by the Code Enforcement Officer, a permit shall be issued
which will be in effect for a period of one year after the date thereon.
Said permit shall be available on the job during the progress of the
work so that it may be inspected by proper Village officials.
The permit provisions of this chapter shall
apply to fences in the residential districts. The provisions shall,
however, not be applicable to commercial property. No fence shall
be erected in the applicable districts in excess of the height limitations
as set forth herein.
A.
Rear yards. No fence shall be more than six feet in
height at the rear of homes and buildings and shall not extend forward
of the rear building line of any existing or proposed dwelling.
B.
Front yards and side yards. No fence shall be more
than four feet in height in any front yard and side yard.
Any fence erected under this chapter shall be
placed at least six inches back from any property line and the finished
face must face outwardly from the property erecting the fence. Any
fence erected in a front yard shall be placed at least one foot back
from the sidewalk.
A.
Any fence, wall or similar structure as well as shrubbery
which unduly cuts off light or air which may cause a nuisance, a fire
hazard or a dangerous condition is hereby expressly prohibited. Further,
no fence shall be erected in a front yard in a residential district
or along a public right-of-way unless the fence is uniformly less
than 50% solid.
B.
The following fences and fencing materials are specifically
prohibited:
C.
All chain link fences erected shall be erected with
the closed loop at the top of the fence.
D.
No fence shall be multicolored.
E.
All entrances or gates shall open onto the property.
F.
All fences or walls must be erected within the property
line, and none shall be erected so as to encroach upon a public right-of-way
or interfere with vehicular or pedestrian traffic or interfere with
visibility on corner lots.
The Code Enforcement Officer or Superintendent
of Highways 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 structure on private or
public property wherever the same shall interfere with adequate visibility
for operators of motor vehicles at street intersections or curbs.
Any person who shall refuse or neglect to comply with the written
direction of the Code Enforcement Officer or Superintendent of Highways
shall be guilty of a violation of this chapter and shall be subject
to its penalties. If the property owner feels aggrieved by any decision
of the Code Enforcement Officer or Superintendent of Highways, he
shall have a right to appeal the decision to the Village Board.
Where the Code Enforcement Officer denies a
permit for the erection of a fence pursuant to the provisions of this
chapter, the applicant may appeal such decision to the Board of Appeals,
which Board shall determine if there are practical difficulties or
unnecessary hardships in the way of carrying out the strict letter
of this chapter. The Board of Appeals may grant a variance from the
requirements of this chapter so that the public safety and welfare
will be secured and substantial justice done.
Any person, firm or corporation or his or her
or its agent, servant, workman or employee violating any of the provisions
of this chapter shall be punishable by a fine not exceeding $250 or
by imprisonment for not more than six months. Each day's continuance
of a violation after notice to cease shall be deemed a separate and
distinct offense and shall be punishable accordingly.
