[Amended 4-1-1997 by L.L. No. 1-1997; 10-3-2000 by L.L. No.
3-2000; 12-5-2000 by L.L. No. 5-2000; 12-5-2006 by L.L. No.
6-2006]
A. Permit required. No person, firm, association or corporation shall
hereafter erect and maintain any fence for any purpose whatsoever,
without first having obtained a permit therefor from the Building
Inspector.
B. Applications for permit. All applications for a permit made to the
Building Inspector shall state the purpose for which the fence is
to be erected. The application shall be accompanied by a plot plan
showing the proposed location thereof, a drawing showing a side elevation
and a statement setting forth the length, height and thickness thereof,
together with a description of the material to be used in its construction.
C. Fees. The applicant for any such permit shall pay the fees prescribed therefor under the schedule set forth in Chapter
83 of the Village Code.
D. Fences required in certain cases.
(1) Excavations near a public street. Any person, firm, association or
corporation owning land within the corporate limits of the Village
of Stewart Manor, upon which land there is any public street, sidewalk,
road or highway as a result of which the surface shall be lower than
the grade of the public street, sidewalk, road or highway adjacent
to said land, shall construct a chain link fence along the boundaries
of such land adjacent to said public street, sidewalk, road or highway.
Such chain link fence shall be constructed so as to prevent children
and other persons from gaining access to said premises in which the
excavation is located. Such chain link fence shall be a minimum height
of seven feet in the business zone and four feet in all residential
zones. The height requirements set forth in this section may be varied
only in the discretion of the Building Inspector upon good cause shown.
(2) The chain link fences provided for in this section shall be maintained
until the foundation upon the subject lot is capped and backfilled.
(3) Abandoned structures. Any person, firm, association or corporation owning land within the corporate limits of the Village of Stewart Manor, upon which land there exists a wholly or partially complete abandoned or unoccupied structure which shall have been abandoned or unoccupied for a period of more than one year, must install a chain link fence around said property in the dimensions set forth in Subsection
D(1).
E. Provisions applicable to all districts.
(2) 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.
(3) No fence shall be permitted which is expressly designed with the
intent to injure or maim anyone who attempts to climb such fence.
F. Provisions applicable to residential districts.
(1) Any fence in a residential district shall have its most pleasant
or decorative side facing the adjacent lot or street frontage, with
all posts being in the applicant's yard.
(2) No fence shall be used, erected or maintained in, upon or along the
lot lines of the front yard of any residential lot or parcel.
(3) In the case of a corner lot, no fence shall be permitted that extends
beyond the rear building lines that parallel the adjacent streets
other than a four-foot fifty-percent open-weave-type construction
(picket) and in no case shall the fence extend beyond the front building
line. Where the fence is parallel to the rear building lines, the
rear yard guidelines shall apply.
(4) The maximum permitted heights of all walls and fences shall be as
follows:
(a)
Front lot line: no fences allowed.
(b)
Side lot lines:
[1]
From the front building line to the rear building line of the
principal building located on the premises: four feet, fifty-percent
open-weave-type construction (picket).
[2]
From rear building line of the principal building located on
the premises to the rear lot line: six feet with the top foot of open-weave-type
construction (not solid).
(c)
Rear lot line: six feet with the top foot of open-weave-type
construction (not solid).
(5) Exceptions. The maximum fence height for a side or rear lot line
shall be six feet with the top foot of open-weave-type construction
(not solid) when and where the same actually abuts any business district.
G. Provisions applicable to nonresidential districts.
(1) Any fence facing a residential district or fronting a street shall
have its most pleasant or decorative side facing the residential district
or street, with all posts and supports being on the side of the wall
or fence opposite the residential area or street, unless the same
is a part of the design thereof. This relationship shall prevail where
any more restrictive district abuts any less restrictive district,
with all posts and supports to be located on the less restrictive
district side.
(2) The maximum permitted heights in a business district shall be:
(a)
Front lot line: no fences allowed.
(b)
Side lot lines:
[1]
From the front building line to the rear building line of the
principal building located on the premises: four feet, fifty-percent
open-weave-type construction (picket).
[2]
From the rear building line of the principal building located
on the premises to the rear lot line: six feet.
H. Replacements. Any replacement of an existing fence shall require
a fence permit. All the rules of this chapter shall apply.
On any corner lot in any district, no hedge, shrub or other
growth shall be maintained which is higher than 30 inches for a distance
of 20 feet each way from the corner.