[HISTORY: Adopted by the Board of Trustees of the Village of Greene 7-12-2010 by L.L. No. 1-2010. Amendments noted where applicable.]
Zoning — See Ch. 125.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY STRUCTURE
- A fence is considered an accessory structure per Village of Greene Zoning Law § 125-4.
- Any structure, regardless of composition, except living fences, that is erected or maintained for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions.
- FRONT YARD
- Applies to that portion of the yard in front of the rear building line of any building. All corner properties adjacent to a public street, alley or highway shall also be considered as a "front yard" for purposes of this chapter. However, this definition shall specifically not apply to purposes of swimming pool protection.
- The distance measured from the existing grade to the top of the fence.
- LIVING FENCE
- Any fence or hedge composed of live material.
No fence, retaining wall or other type of construction shall be erected without first being approved by the Building Code Enforcement Officer.
Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make an 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 and 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 a permit fee as hereinafter set forth. Upon approval by the Code Enforcement Officer, a permit shall be issued which will be in effect for a period of six months after the date herein. Said permit shall be available on the job during the progress of the work so that it may be inspected by proper Village officials, including but not limited to the Code Enforcement Officer.
Living fences are subject to all provisions of this chapter, except that they shall be exempt from the permit provisions of this chapter. In addition, no living fence shall be placed nearer than two feet to any sidewalk in existence, any prospective sidewalk or property line. Living fences must be maintained in a neatly trimmed condition and shall not interfere with the visibility of vehicular and pedestrian traffic.
The permit provisions of this chapter shall apply to fences in commercial, industrial and residential zones in the Village of Greene and shall also include multiple dwellings in other zoning districts. No fence shall be erected in the applicable zones of the Village of Greene in excess of the height limitations as set forth herein.
Rear yards. No fence shall be more than six feet in height at the rear of homes and buildings, nor shall it extend forward of the rear building line of any existing or proposed dwelling.
Front yards. No fence shall be higher than 36 inches in any front yard.
Side yards. No fence shall be more than six feet in height at the side of homes and buildings, nor shall it extend forward of the side building line of any existing or proposed dwelling.
Any fence erected under this chapter shall be placed at least 12 inches (one foot) back from any property line. Any fence erected in a front yard shall be placed at least one foot back from the sidewalk. Living fences shall be placed in accordance with § 62-4 of this chapter. If no sidewalks are in place, then the fence shall be set back a minimum of eight feet from the pavement.
Any fence, wall or similar structure, as well as shrubbery, which unduly cuts off light and air or which may cause a nuisance, a fire hazard or a dangerous condition, is hereby expressly prohibited.
The following fences and fencing materials are specifically prohibited:
Electrically charged fences.
Temporary fences, such as snow fences, unless on construction sites with Village Board permission.
Expandable fences and collapsible fences, except during construction of building.
All chain link fences erected shall be erected with the closed loop at the top of the fence.
No fence shall be multicolored and shall be decorated or painted so as to blend in with the surrounding neighborhood.
All entrances or gates shall open onto the property.
Any fence, wood, stockade, chain link or other type of fence shall have the smooth side or finished side facing to the outside of the property of the owner installing the fence. Fence posts will be placed on the inside of the fence.
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 the visibility of vehicular or pedestrian traffic.
No fence shall be used as a message board for any purpose.
The Code Enforcement Officer 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 for operators of motor vehicles at street intersections or curbs, within five days.
Any person who shall refuse or neglect to comply with the written direction of the Code Enforcement Officer 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 Enforcer, he shall have a right of appeal to the Village Board, provided that said appeal is accomplished in writing within 10 days of the written notification from the Code Enforcement Officer. Said appeals shall be filed with the Village Clerk.
A violation of this chapter shall subject the violator to a fine of not less than $25 nor more than $250 or to imprisonment of not more than 15 days, or to a combination of fine and imprisonment. The continuation of an offense against the provisions of this chapter after the date to remedy the defect as set forth by the Code Enforcement Officer, pursuant to § 62-9, shall constitute for each day the offense is continued a separate and distinct offense hereunder.