A.
No fence
may be erected on any property within the Village unless an application
is submitted to, approved by and a permit issued by the Superintendent
of Buildings. Such applicant must also pay a permit fee, as established
from time to time by resolution of the Board of Trustees, and present
a survey of the premises or lot so that a true and accurate location
of the proposed fence can be determined. It shall be a violation to
commence to erect a fence, or to allow a fence to be erected, without
first obtaining a fence permit.
B.
Applications
for fences that require Zoning Board of Appeals approval shall not
require a two-hundred-foot radius map notification for a variance
pertaining to the height of a fence involving non-front-yard fences.
Those applications shall require certified mailings to all adjoining
properties only. All other fence variances shall require the two-hundred-foot
radius map notification.[1]
Contractors that erect fences or who contract with residents
to erect fences within the Village shall obtain a contractor's license
issued by the Village, after payment of the appropriate fee, as established
from time to time by resolution of the Board of Trustees, valid for
the date or dates of erection of the fence.
A.
Regulations in residential districts. Fences may be erected to a
height not to exceed five feet, measured from adjacent finished grade
to the highest point of the fence, except that fence posts may be
5 1/2 feet measured from adjacent finished grade. Where the contour
of the land contains abrupt changes of grade, the fence may be stepped
with the five-foot height measured over grade, as an average for an
eight-foot linear section of fence.
B.
Regulations in nonresidential districts.
(1)
In nonresidential districts, or on any residential lot which
is adjacent to any nonresidential district or lot, fences may be finished
to a height of six feet, measured from adjacent finished grade to
the highest point of the fence, except that fence posts may be 6 1/2
feet measured from adjacent finished grade. Where the contour of the
land contains abrupt changes of grade, the fence may be stepped with
the six-foot height measured over grade, as an average for an eight-foot
linear section of fence.
(2)
Where a nonresidential lot abuts a residential zone to the rear
of the lot, an appropriately landscaped and screened buffer of no
less than 10% of the nonresidential lot depth shall be created along
such abutting line.
(3)
Where a nonresidential lot abuts a residential zone, which zone
is located to the side of the nonresidential lot, an appropriately
landscaped and screened buffer of no less than five feet shall be
created on the nonresidential plot along such abutting line.
C.
Supplemental regulations applicable to all districts.
(1)
No fence, except as provided in this article, shall be constructed
or installed in any front yard, or along or adjoining any street line,
or between the street line and the front building line of any improved
lot. No fences now existing in any front yard, or along or adjoining
any street line, or between the street line and the front building
line of any improved lot shall be replaced. Fences may be installed
in the interior side yards and the rear yards. No fence shall be constructed
or installed beyond the front corner of the primary structure of the
property upon which the fence will be constructed; the primary structure
shall not include any freestanding garage, shed or storage facility.
When a property abuts two or more streets, the boundary of the property
adjacent to a street which has the shortest distance in linear feet
shall be considered the front yard. The boundary of the property adjacent
to a street which has the longest distance in linear feet shall be
considered the "secondary front" yard.
(2)
No decorative fence as provided for in Subsection C(3) shall be constructed or installed beyond the front corner of the primary structure of the property upon which the fence will be constructed, except that a decorative fence may be constructed or installed in a secondary front yard adjoining or adjacent to streets, provided that such decorative fencing as provided for in Subsection C(3) is erected in any residential zone, parallel to said street at a maximum distance from the primary structure of 1/2 of the secondary front yard setback for the property but in no event closer than 10 feet to the property line.
(3)
Decorative fences may be erected to a height of four feet measured
from adjacent finished grade to the highest point of the fence, except
that fence posts may be 4 1/2 feet measured from adjacent finished
grade. Where the contour of the land contains abrupt changes of grade,
the fence may be stepped with the four-foot height measured over average
grade for an eight-foot linear section of the fence. Said decorative
fences shall be 50% open and shall be of split rail or picket design.
(4)
All fences, except those listed below, shall be constructed
as near as practicable to, but not more than 12 inches from, a property
line:
(b)
Any fence used to connect a primary structure to a fence located
along a property line.
(c)
Landscaping fences less than one foot in height which are intended
to protect landscaping, including, but not limited to, trees, shrubbery
and gardens; however, such fences are not to be placed in any manner
that would present a hazard to pedestrians on any public sidewalk
or right-of-way.
(d)
Fences surrounding swimming pools.
(5)
A gate or permanent opening of at least three feet in width
shall be provided in any fence that fully encloses an area. No gate,
when in the open position, shall obstruct a public walkway.
(6)
Except as allowed under this article, no fence shall be erected
on any lot adjacent to and/or adjoining the street line of that lot
or at any point between the street line of that lot and the primary
structure of that lot without the prior approval of the Zoning Board
of Appeals on proper application made to such Board. No fence now
existing on any lot adjacent to and/or adjoining the street line of
that lot or at any point between the street line of that lot and the
primary structure of that lot shall be replaced without the prior
approval of the Zoning Board of Appeals on proper application made
to such Board. The Zoning Board of Appeals, in reviewing an application
for a variance for the erection of a fence other than a fence allowed
in this article, shall, in addition to other factors, consider the
following:
(a)
The parcel size;
(b)
The placement of structures upon the parcel, if any;
(c)
The needs of the applicant;
(d)
The type, size and height of the fence to be installed;
(e)
The proximity of structures upon adjacent parcels;
(f)
The type, size and height of fences upon adjacent parcels;
(g)
The proximity of driveways upon the parcel;
(h)
The proximity of driveways upon adjacent parcels;
(i)
The safety and welfare of persons using sidewalks and public
rights-of-way on the parcel;
(j)
The safety and welfare of persons using sidewalks and public
rights-of-way on adjacent parcels;
(k)
The safety and welfare of the applicant; and
(l)
Any other factors relevant to the application.
(7)
Nothing in this article shall be deemed or construed to prohibit
the repair, as distinguished from replacement, of a legally preexisting,
nonconforming fence. A fence shall be deemed to be replaced and not
repaired if the cost of such alteration or repair is greater than
50% of the current structural replacement value of the nonconforming
fence.
The following fences are prohibited in the Village of Malverne:
A.
Chicken wire, barbed wire, razor wire, welded mesh wire, electrically
charged fences and any material intended to cause injury to a person
or animal making contact with the same.
B.
Snow fences.
C.
Fences made of solid plywood, flake board, scrap lumber, and similar
noncustomary fence materials.
D.
Fences made of common concrete or cinder block.
E.
Fences topped with sharp-edged or spiked material, except this shall
not prohibit picket fences.
F.
Fences on any portion of any public right-of-way, except fences erected
by a government entity or authority.
G.
Fences, shrubs or hedges that interfere with clear vision at or near
a street intersection. No fence, hedge and/or shrubbery shall be erected
less than 15 feet from a street intersection, as measured by a triangle
from the closest intersecting corner.
H.
Fences so constructed as to prevent natural water drainage and/or
runoff.
I.
Fences with posts with the rough or unfinished side of the fence
facing toward the street or neighboring property, except when such
fence is abutting a commercial property, a property operating as a
railroad, or a property operating as a state parkway.
J.
Construction fences, except that such fences shall be permitted when
construction has been approved by the Superintendent of Buildings
and commenced. Such fences shall be maintained in good condition at
all times and shall be removed upon the issuance of a certificate
of occupancy or completion.
The Board of Trustees may, after a public hearing, designate
any street or streets as a Special Fencing District, due to the unique
situation(s) arising on said street(s). When a Special Fencing District
is designated, the Board of Trustees shall delineate the type, location,
size, height and the requirements for fences in said district.
Unless otherwise provided, the provisions of this article shall
be administered and enforced by the Code Enforcement Officer. Violators
are subject to court action.
A violation of this article is hereby declared to be an offense
punishable by a fine not to exceed $500. A person shall be subject
to the penalties imposed by this section in any case where an order
to remove any violation of any provision of this article has been
served by the Superintendent of Buildings upon the owner, general
agent, managing agent, lessee or tenant of the building, premises
or lot, or any part thereof, or upon the architect, builder, contractor
or anyone who commits or assists in any such violation and where such
person shall fail to comply with such order within 10 calendar days
after the service thereof. Each calendar week's continued violation
shall constitute a separate and additional offense and shall be punishable
as such.
Whenever any provision of this article is in conflict with any
statute or local law applicable or covering the same subject matter,
the most restrictive provision or the one imposing the highest standard
shall govern and be supreme.
