[Added 8-26-1957]
Except as otherwise expressly provided in this
chapter, no person shall place, erect, alter or construct a fence
or cause a fence to be placed, erected, altered or constructed within
any residential zone of the Village of Farmingdale, as such residential
zone now is or may hereafter be described and designated in the Zoning
Ordinance of the Village of Farmingdale and the Use District Map set
forth therein, or within 25 feet of the boundary line of any such
residential district, except as provided in this chapter and pursuant
to a permit issued therefor by the Superintendent of Buildings of
the Village of Farmingdale. Each application for such permit shall
be made to the Superintendent of Buildings and shall describe the
type of fence which is the subject of said application, the material
from which said fence is to be constructed, the height and location
thereof and such other information as shall be required by the Superintendent
of Buildings. No such application shall be granted unless the Superintendent
of Buildings is satisfied that said fence is constructed, erected,
placed or altered in compliance with the terms of this chapter.
[Amended 7-14-1969]
A.
Height and construction requirements; exceptions.
[Amended 10-2-1995 by L.L. No. 1-1995]
(1)
No fence for which a permit is required under
the provisions of this chapter shall be more than four feet in height
except:
(a)
A trellis fence or a tennis court fence.
(b)
A fence along the rear line of any lot other
than a corner lot, which may be six feet in height, which shall include
a six-foot stockade or close-board type fence.
(c)
A fence along the side lot line of any lot,
between the front building line or front yard setback, whichever is
greater, and rear lot line, which may be six feet in height.
(2)
If said fence shall be constructed of wire or
iron or wooden pickets or boards, then the wire strands or iron rods
or the wooden pickets or boards shall have an open space between each
wire strand, iron rod or wooden board of picket of not less than one
inch, and the width of any picket or board shall not exceed six inches,
provided that wattle fences need not comply with such space requirements.
No such fence shall be constructed wholly or partly of barbed wire.
No fence shall be so constructed as to allow the wire ends or other
sharp protrusions or unfinished side to project toward or in the direction
of the adjoining street or sidewalk or adjacent lot.
B.
No fence shall be erected within a residential zone in the Village of Farmingdale as such residential zone now is or may hereafter be described and designated in the Zoning Ordinance of the Village of Farmingdale and the District Map referred to therein, on such portion of any plot which shall be located in the front yard area thereof as defined in § 600-7B of said Zoning Ordinance, and in no event less than 25 feet from the street line or lines of said plot. Where said plot fronts on two streets, the space situated between the building and each street shall be considered a front yard for the purpose of this chapter.
[Added 10-28-1963]
The Board of Trustees may permit the erection
of a fence exceeding four feet in height, or a fence commonly known
as a "close-board fence," along or near the boundary line between
premises in a residential zone and premises being used for business
purposes. The Board of Trustees may also permit the erection of a
fence or other enclosure, including a close-board fence, exceeding
four feet in height, enclosing any plot or structure of any kind which
may be deemed by the Board of Trustees to be an attractive nuisance
or which may be or become dangerous to life, health or safety of any
person unless the same is protected with a fence or other enclosure.
A permit for the erection of such fences shall be granted subject
to such restrictions and safeguards as may be imposed by the Board
of Trustees. In granting such application, the Board of Trustees shall
consider the health, safety, convenience and general welfare of the
inhabitants of the Village of Farmingdale, and whether the granting
of the permit will be in harmony with the general purpose and intent
of this chapter, and with due consideration to the character of the
district and with a view toward conserving the value of the building
and encouraging the most appropriate use thereof.
The applicant shall pay, as a fee for a permit
to be issued under this chapter, the sum as provided for in the schedule
of fees maintained by the Village Clerk-Treasurer, which shall be
set from time to time by resolution of the Board of Trustees.
The adoption of this chapter shall not be construed
to and shall not render lawful the use, construction or alteration
of any fence which was not lawfully used, constructed or altered prior
to the adoption of this chapter.
