[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.
A.
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.
B.
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.[1]
C.
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.
A.
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.[1]
B.
Any permitted fence erected in a side or rear yard shall be at least
two feet from any adjoining landowner.
C.
Chain link fences shall have a continuous top rail.
A.
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.
B.
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.
C.
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.
D.
A tree is defined as a wood, perennial plant usually having a single
elongated stem.
A.
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.
B.
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.