Town of Milo, NY Article III Certificate of Zoning Compliance: Requirement and Exclusions

§ 197-3 Certificate required; exclusions.

A. It shall be unlawful for any owner to erect or place upon any property a fence without first obtaining a certificate of zoning compliance from the Code Enforcement Officer.

B. Exclusions. The provisions of this chapter shall not apply to any of the following uses and types of fences:

(1) Erosion control fences.

(2) Existing nonconforming fences, constructed prior to the effective date of this chapter, shall be allowed to continue; provided, however, that replacement of a fence on a property shall require that said fence conform to the provisions of this chapter.

(3) Fences used for safety and/or security fencing around building sites for which a building permit has been issued and is still valid.

(4) Fences used for safety and/or security fencing around unsafe structures or other threats to health, life and/or property as deemed by the Code Enforcement Officer, Town's Highway Superintendent or emergency response agencies.

(5) Fences and guards installed by the authority having jurisdiction in accordance with recognized standards in order to protect life, safety and property within public roadways and their associated rights-of-way.

(6) Fences erected to enclose crops, livestock and livestock products at farm operations as defined in Article 25-AA, § 301, of the Agriculture and Markets Law of the State of New York.

(7) Fences erected to enclose swimming pools, as mandated by the New York State Uniform Fire Prevention and Building Code.

(8) Guards and handrails erected to comply with the applicable provisions of the New York State Uniform Fire Prevention and Building Code.

(9) Plant support systems such as, but not limited to, grape trellising, tomato cages, tree supports and vegetable trellising.

(10) Snow fences erected during the months of November through April.