[HISTORY: Adopted by the Board of Trustees of the Village
of Mount Morris 4-7-1988 by L.L. No. 4-1988. Amendments noted where
applicable.]
It is the purpose and intent of this chapter to regulate the
placement, nature and height of fences within the Village of Mount
Morris.
As used in this chapter, the following terms shall have the
meanings indicated:
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of any building
on the same lot. The depth of a backyard shall be measured at right
angles to the rear line of the lot, or if the lot is not rectangular,
then in the general direction of its side building lines.
[Amended 9-11-1997 by L.L. No. 2-1997]
Any structure, regardless of composition, enclosing in full
or in part any open space, lot or yard or dividing the same into distinct
portions.
An open, unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front line of the building projected to the
side lines of that lot.
[Amended 9-11-1997 by L.L. No. 2-1997]
The vertical distance from the ground to the top of a fence.
"Height" shall be measured from the average finished grade of the
lot.
An open, unoccupied space between the side line of the lot
and the nearest line of the building. It shall extend from the front
yard to the rear yard or, in the absence of either, to the street
or rear lot lines as the case may be. The width of a side yard shall
be measured at right angles to the side line of the lot.
[Amended 9-11-1997 by L.L. No. 2-1997]
A required open space located on the same lot as the principal
building, unoccupied and unobstructed from ground to sky except for
accessory uses and for tree or shrub growth, fences, walls or other
encroachments expressly permitted elsewhere in these regulations.
[Amended 9-11-1997 by L.L. No. 2-1997]
A.
No fence shall be erected unless a permit for the same has been issued
by the Zoning Enforcement Officer.
B.
Application for a fence permit shall be made on a form or forms provided
by the Village. An application shall be accompanied by a plan or sketch
clearly showing the location of the proposed fence, and it shall state
the material of which it shall be constructed, all of which shall
be in conformity with this chapter and accompanied by the appropriate
fee as established by resolution of the Board of Trustees of the Village
of Mount Morris.
C.
A permit to construct a fence shall be in effect for one year from
issuance.
D.
The fee for issuance of a permit shall be set by resolution of the
Board of Trustees of the Village of Mount Morris.
A.
A fence may be erected in any residential district, after securing
a fence permit, as follows:
(1)
In any rear yard, provided that the fence does not exceed six feet
in height.
(2)
In a side yard, provided that the fence does not exceed six feet
in height.
(3)
In any front yard, as follows:
(a)
A fence intended for decorative purposes may be erected as part
of a landscape plan in a front yard along, next to or in connection
with an entrance to a residence or along or next to a driveway or
corner of a front yard or at the juncture of a driveway and a public
sidewalk.
(b)
Such a fence shall be erected wholly within the lot lines of
the property.
(c)
With regard to corner lots, the yard between any street and
the dwelling shall be regarded as the front yard.
(d)
Such fence shall in no event exceed 42 inches in height. Such
fence shall be of open, decorative design and permit clear visibility
through at least 50% of its vertical area.
(4)
Enclosing a tennis court, provided that the fence does not exceed
12 feet in height. Such fence shall permit clear visibility through
at least 50% of its vertical area.
B.
The fencing of a swimming pool is otherwise regulated by the New
York State Fire Prevention and Building Code.
A.
No fence shall be erected on any premises zoned other than residential
until a permit has been issued by the Zoning Enforcement Officer after
a determination that the proposed fence is to be constructed of a
material which will ensure the privacy of adjoining premises and that
the fence affords adjoining premises an environment reasonably free
of offensive noise, smell, dust and debris.
B.
No permit shall be issued for the erection of a fence on premises
abutting a residentially zoned property where the proposed fence exceeds
eight feet in height.
The Zoning Enforcement Officer or the Highway Superintendent
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 adequate visibility
or operations of motor vehicles at street intersections or curbs.
Any person who shall refuse or neglect to comply within 15 days of
the written direction from the Zoning Enforcement Officer or Highway
Superintendent shall be in violation of this chapter and shall be
subject to its penalties.
[1]
Editor's Note: See also §§ 204-16H(2) and 232-8D.
The following provisions shall apply to fences in all districts:
A.
A fence, whether of wood, chain link, stockade or any other type,
shall be erected so that the smooth or finished side shall face to
the outside of the premises. All fenceposts shall be placed on the
inside of the fence.
B.
Painted fences shall be of one color only.
C.
No fence shall be erected in such manner as to inhabit or divert
the natural drainage flow or to cause the blockage or damming of surface
water creating ponding.
D.
No fence shall be erected which may create a fire hazard or other
dangerous condition or which may result in obstruction to effective
fire fighting.
E.
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,
a dangerous condition, an obstruction to combating fires, an obstruction
to fire fighters and equipment for combating fires or which may affect
public safety is hereby expressly prohibited. Further, no fence shall
be erected in a front yard or along a public right-of-way unless the
fence is uniformly less than 50% solid.
F.
Fences shall be erected on or inside the boundaries of the applicant's
property.
G.
Fences shall be maintained in a safe and substantial condition.
The following fences and fencing materials are specifically
prohibited:
A.
Barbed wire or razor wire.
B.
Short, pointed fences, excluding picket fences.
C.
Electrically charged fences.
D.
Temporary fences, such as snow fences, except by express permission
of the Board of Trustees upon good cause shown.
E.
Canvas or cloth fences.
F.
A fence constructed within the right-of-way of any public street.
All existing fences and other barriers which do not conform
to the provisions of this chapter may be continued as they presently
exist, as long as the same are not altered, extended, replaced or
modified.
A.
The Zoning Enforcement Officer is hereby authorized and directed
to make inspections to determine compliance with this chapter. Whenever
the Zoning Enforcement Officer determines that there is a violation
of the provisions of this chapter, he shall cause a written notice
to be served upon the owner or operator, which shall include:
(1)
An enumeration of conditions which violate the provisions of this
chapter.
(2)
An enumeration of the remedial action required to meet the standards
of this chapter.
(3)
A statement of a definite number of days from the date of the notice
in which the owner or operator must commence and complete such remedial
action.
(4)
A statement of penalties for noncompliance, as set forth herein.
B.
A copy of such notice shall be filed in the Village Clerk's
office, and such notice shall be deemed sufficient if served upon
the owner or operator as follows:
C.
Upon failure to comply with said notice, the Zoning Enforcement Officer
shall issue an appearance ticket returnable in the Village Court.
Any person, firm or corporation or agent thereof, representative
or employee violating any of the provisions of this chapter shall
be punishable by a fine not to exceed $100. Each week's continuance
of a violation after notice to cease shall be deemed a separate and
distinct offense and shall be punished accordingly.
