[HISTORY: Adopted by the Board of Trustees of the Village
of Oxford 7-5-2011 by L.L. No. 2-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 212.
This chapter shall be referred to as "Fences"
The Board of Trustees of the Village of Oxford has determined
that it is in the best interests of the Village to regulate fences
to promote the health, safety and welfare of residents.
As used in this chapter, the following terms shall have the
meanings indicated:
Property, or a significant part thereof, which is used for
or includes a significant agricultural component, whether horticultural
or animal husbandry, and for which any business, commercial, industrial
or residential uses are ancillary to the agricultural use.
Property, or a significant part thereof, used primarily for
business, commercial or industrial purposes and for which any agricultural
or residential uses are ancillary.
A fence erected to enhance the appearance of a property,
a garden or other landscaping in which the width of the space between
vertical elements is at least eight times the width of the vertical
element and the height of the space between horizontal elements shall
be at least eight times the height of the horizontal element.
Any freestanding structure, natural or man-made, regardless
of composition that is designed to restrict or prevent movement across
a landowner's property line.
That portion of the property located in front of the front
building line of the primary building on the property and facing a
street, road, highway or alley on which vehicular traffic may flow.
Corner properties adjacent to a public street, road, highway or alley
on more than one side shall be considered to have multiple front yards
for the purposes of this chapter.
That part of the fence that is the finished side and being
that side which does not include the structural members. Some types
of fences have two good sides.
The distance measured vertically from the average grade to
the top of the fence.
That piece of land owned by the individual or entity applying
for the fence permit.
Applies to that portion of the property extending from the
rear building line of the primary building on the property to the
rear of the lot.
Property, or a significant part thereof, which is used primarily
for residential purposes and for which any agricultural, business,
commercial or industrial uses are ancillary to the residential use.
All public Village streets are located within land which
is referred to as street right-of-way. Within a typical street right-of-way,
the following public facilities can be found: the driving surface,
roadside shoulders and ditch, public utilities, sidewalks, and traffic
signs, to name a few. Street right-of-way width is established by
deed, statute, or through the platting process. Regardless, lands
within the Village street right-of-way are reserved for use of the
traveling public. Maintenance of the streets within the Village, other
than state or county roads, are the jurisdiction of the Village of
Oxford.
A fence, typically constructed of chain link or similar material
and including a lockable gate, surrounding a business, commercial
or industrial property designed to prevent theft or vandalism of materials
or equipment on the property.
Applies to that portion of the property in front of the rear
building line of any building and to the rear of the front building
line of that building.
No fence shall be erected without the approval of the Village
of Oxford Code Enforcement Officer.
A.
Any person or persons, corporation, firm or association intending
to erect a fence shall make an application to the Enforcement Officer
before any work is commenced. Said application shall include:
(1)
A plan or sketch showing to approximate scale the intended location
of the proposed fence. Said plan or sketch shall be on a survey map
of the property or on an enlargement of a Chenango County real property
tax service map showing both the parcel on which the fence is to be
constructed and the tax map numbers of all adjacent properties.
(2)
A statement, description or photograph of the materials proposed
to be used to construct the visible portion of the fence, which shall
show that the fence to be constructed is in accordance with the provisions
of this chapter and any other pertinent local law regarding construction
within the Village.
(3)
A fence application fee of $10.
B.
No application for a fence will be approved by the Enforcement Officer
while the applicant and any adjacent property owners are in litigation
regarding the construction or pending construction of said fence.
Any such action must be set forth by the applicant in the permit application.
C.
Upon the approval by the Enforcement Officer, a permit for construction
of the fence shall be issued which will be valid only for a period
of six months from the date of issue. The permit shall include a provision
that the holder authorizes the Enforcement Officer to enter upon the
property to inspect any work performed under the permit.
D.
The permit shall be displayed in a conspicuous place on the property
during the construction of the fence.
Any fence which the Enforcement Officer reasonably determines
may cause a nuisance, a fire hazard, a dangerous condition or any
obstruction to persons and equipment in combating fires, or may endanger
public safety, is hereby prohibited.
The following types of fences are expressly prohibited:
All fences shall be maintained by the person responsible for
the property. All fences, both those previously existing and those
erected under the provisions of this Code, must be kept in good repair
and maintained in accordance with the provisions of the Oxford Village
Code and the New York State Property Maintenance Code.
A.
Fences may be constructed on agricultural property without applying
for a permit.
B.
Such fences may be constructed of materials that are commonly employed
in agriculture, including barbed-wire, poultry-wire, rabbit-wire,
turkey-wire and electrically charged fences.
C.
Where the agricultural property abuts a residential property, the
Zoning Board of Appeals may require the agricultural owner to provide
an appropriate additional residential property fence.
A.
Except for security fences as provided below, all fences shall conform
to the requirements of residential property fences.
B.
Security and equipment yard fences.
(1)
The Enforcement Officer may issue a permit for construction of a
security and/or equipment yard fence for business, commercial, industrial
and institutional properties.
(2)
The Zoning Board of Appeals may waive provisions of this Code regarding
height, location and fencing materials as is appropriate for the intended
location.
(3)
The Enforcement Officer may not waive provisions of this Code regarding
maintenance and visibility.
(4)
The Enforcement Officer may deny an application for a business, commercial,
industrial, or institutional property fence which the Officer deems
to be constructed of inappropriate materials or to have an inappropriate
location. Such denial shall be in writing and shall state therein
the reasons for the denial.
(5)
The applicant may appeal any such denial to the Zoning Board of Appeals.
A.
Restrictions for rear, front and side yards.
(1)
Rear yard and side yard. No fence or portion of a fence shall be
more than six feet in height or extend forward of the front building
line of any existing or proposed building.
(2)
Front yard. No fence or portion of a fence shall be more than four feet in height. All front yard fencing shall be decorative fencing. Front yard fences shall include an unlocked gateway allowing access by municipal and service personnel. Front yard fences shall not be located closer than two feet to any front lot line and must also comply with all visibility requirements of zoning code § 293-21.
B.
Chain-link fences.
(1)
Chain-link fences are not decorative within the meaning of this chapter
and are not permitted in front yards. The Board of Appeals may waive
this restriction if the owner provides compelling justification for
the use of chain-link fencing in the front yard.
(2)
Chain-link fences shall be erected in accordance with all other provisions
of this chapter.
(3)
Chain-link fences shall be erected with closed loops at the top of
the fence.
A.
Those fences that were constructed prior to the adoption of this
chapter may remain.
B.
All fences, whenever constructed, must be maintained safely and in
accordance with all sections of this chapter.
C.
Any fence, whenever constructed, that does not conform to the provisions
of this chapter must be maintained as provided in this chapter, and
any maintenance or repair may not make the fence more nonconforming
to this chapter.
The Board of Trustees for the Village of Oxford shall set and
amend, from time to time by resolution, the applicable fee schedule
for fence permits.
A.
The Enforcement Officer is hereby authorized and directed to make
inspections to determine compliance with this chapter. Inspections
shall be made between the hours of 9:00 a.m. and 4:00 p.m., Monday
through Friday, and every operator or owner shall cooperate with the
Enforcement Officer in providing access to the premises. Whenever
the 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.
(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 the 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:
C.
Upon failure to comply with said notice, the Enforcement Officer
shall issue an appearance ticket returnable to the Village Court.
Any violations of this chapter shall be punishable by a fine
not to exceed $250 or by imprisonment for not more than 15 days, or
both.
