[HISTORY: Adopted by the Town Board of the Town of Verona 8-3-1998 by L.L. No. 2-1998 (Ch. 92 of the 1998 Code). Amendments noted where applicable.]
No fence, wall or other screening device, except natural vegetation plantings, shall be installed without a building permit. Under no circumstances shall a fence, wall or other screening device be allowed within a public right-of-way. The Codes Enforcement Officer may issue a building permit in accordance with §§ 136-2 through 136-8 below. A permit fee shall apply; refer to the Fee Schedule.
Front yard. Screening devices permitted within required front yards may not exceed six feet in height and shall be of an open see-through design. Substantially opaque fences are prohibited within a required front yard. Where a screening device is permitted within a front yard, it shall be located at least two feet inside the front lot line or at least two feet inside any sidewalk which may overlap the front lot line.
Side and rear yards. No fence or wall shall exceed six feet in height within required side and/or rear yards. Height exceptions may be granted by the Zoning Board in nonresidential districts where need for a higher fence is demonstrated for security and public protection.
Lake yard. No screening device shall be permitted within 30 feet of the lake line which shall exceed three feet in height and shall be of an open see-through design. Substantially opaque fences are prohibited. The lake line is defined as the location on any property bordering Oneida Lake upon which a retaining wall or a seawall is used to prevent erosion, or which is adjacent to a beach area. A beach area is a sandy area adjacent to the lake or where stones, rocks, boulders or similar materials are utilized to prevent erosion, or where the effects of erosion are no longer evident.
Each side of a fence and wall shall be substantially identical in appearance when viewed from such side, with fence posts located on the applicant's lot side. If not substantially identical in appearance, a fence or wall may be installed only as directed by the Zoning Board prior to issuance of a permit.
Any permitted fence erected in a side or rear yard shall be at least two feet from any adjoining landowner.
Chain link fences shall have a continuous top rail.
Plantings, except trees, shall not exceed three feet in height if placed within 10 feet of the street line or 30 feet from the lake line.
There shall be no limit to the height of plantings located along the side or rear lot lines if more than 10 feet from the street line or 30 feet from the lake line.
No plantings or trees within a required front yard or lake yard shall be arranged in such a manner as to give the effect of a hedge or wall or to obstruct view.
A tree is defined as a wood, perennial plant usually having a single elongated stem.
The location of any plantings on any lot which may reasonably be expected to extend into or overhang in an adjoining lot shall be determined by and between the adjoining lot owners.
All screening devices and plantings shall be maintained in a sound and safe condition at all times. All fences shall be maintained upright within three inches of the fence center line.
All portions of a lot enclosed by a screening device shall be made accessible for fire-fighting purposes. Pedestrian gates not less than three feet in width shall be installed at locations providing direct access to all enclosed yard areas.
Where a lawful screening device exists at the effected date of adoption or amendment of these regulations that could not be constructed under the terms contained herein by reasons of restriction in height, visibility, characteristics, location or any other requirement concerning said screening device, such screening device may be continued so long as it remains otherwise lawful, subject to the following provisions:
A violation of any provision of this chapter is a violation and shall be punishable by a fine not exceeding $250 or imprisonment of not more than 15 days, or both.