After the planned right-of-way line for future streets, for future extensions of existing streets or for future street widening (ultimate right-of-way) is established, buildings shall be set back from such street line as though it were a street property line.
The front setback shall be unobstructed except as provided in this section:
A.
Uncovered landings shall be permitted, provided that they do not extend a distance greater than five feet into the front setback.
B.
An awning or movable canopy on a residential building shall not project more than 10 feet. On a commercial or industrial building, the marquee or awning may project to the street line, provided that there is a clear height under the permitted encroachment of 10 feet.
C.
Fire escapes, uncovered stairs and landings, canopies, eaves or other architectural features not required for structural support may project into the front yard not more than a total of three feet.
D.
Porches and patios may project up to 15 feet into the front yard as measured from the point in which the porch or patio crosses the front setback line.
E.
Expansions shall not encroach into the front setback further than the existing building. Said expansions shall also conform to all other applicable bulk requirements.
F.
Handicap ramps are encouraged to be placed in the side or rear yard, and shall maintain an eight-foot setback from the respective street or property line.
The required side and rear setbacks of each district, as designated by the lot, area, and yard requirements under Part 2 of this chapter, shall be unobstructed by any buildings or uses, except for plantings, screening, fencing, driveways and directional signs for the control of traffic within a parking facility.
A.
Fire escapes, uncovered stairs and landings, canopies, eaves or other architectural features not required for structural support may project into the side or rear yard not more than a total of three feet.
B.
Porches and patios may project into the required rear yard up to 12 feet.
C.
Porches and patios may be located in the required side and rear yards not closer than 10 feet to any adjacent property line.
A.
No building height limitation contained in this chapter shall restrict the height of the following buildings or structures:
(1)
Church spires, cupolas, domes, or monuments.
(2)
Water towers, chimneys, smokestacks, elevator or stair bulkheads, or cooling towers.
(3)
Farm structures, silos, or flagpoles.
(4)
Radio or television antennas, telecommunications facilities, or utility transmission lines, poles, towers, or cables.
(5)
Parapet walls extending not more than four feet above the limiting height of the building.
(6)
Passive and active solar energy equipment provided that the placement of the equipment does not deprive the adjoining properties of access to solar sky space.
B.
None of the exceptions to the height regulations shall be used for human occupancy.
A.
Two or more buildings on a lot. Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this chapter which would normally apply to each building if each were on a separate lot.
B.
Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Planning Board shall decide which street will be considered as the front street. No principal structure shall be erected on the rear of the lot except as specified in Subsections A and C of this section.
C.
Lots fronting on an alley. Individual lots existing at the effective date of this chapter fronting on an alley shall comply with all the requirements of this chapter and the district in which said lots are located.
D.
Side yard of a corner lot. The side of a corner lot which abuts a street shall be equal to the required front yard for that street.
Any parcel of land with an area or width less than that prescribed for a lot in the district in which it is located, which at the time of the adoption of this chapter was under one ownership and when the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the district, provided all other regulations prescribed for the district by this chapter are complied with. When two or more adjacent lots are in a single ownership, they shall be considered as being a single lot.
A.
In order for a residential building to be considered an attached structure, units on both sides of the party wall shall be built simultaneously.
B.
Two-family attached buildings shall have only one party wall with another residential building. The units on both sides of the party wall shall be built simultaneously.
There shall be no more than eight contiguous single-family attached residential units in any single residential building structure.
On corner lots, no obstruction of vision shall be erected, installed, planted, parked or otherwise placed within the triangular area formed by the intersecting street lines and a straight line adjoining said street lines at points which are 25 feet distant from the point of intersection, measured along said street lines. In such area no shrubbery, nor fences of masonry, wood or other material which creates a solid visual barrier, shall be erected higher than two feet from the accepted street grade of the abutting top of curb, or from the crown of the abutting road, if there is no curbing, nor shall branches or foliage of trees be permitted less than 10 feet from the ground. An open fence of chain link wire, wrought iron, split, rail or other similar material which does not screen or obstruct views, light and air may be permitted in the triangular area, provided it does not obstruct visibility.
Fences shall not be considered structures under this chapter and, as such, may be erected in any district, subject to the following provisions:
A.
Fence permit required.
(1)
No fence may be installed or constructed within the Town unless the Code Enforcement Officer has issued a permit. Fences installed and/or constructed as part of an agricultural operation or use recognized by the Town are exempt from this section (§ 106-45.11).
(2)
No permit for a fence shall be issued unless the proposed fence shall comply with the standards contained in this article.
(3)
Fences no more than four feet in height and no more than 50% opaque erected within the lot's required setback area for the purposes of screening a garden or other such feature may be exempt from this section (§ 106-45.11).
(4)
An application for a fence permit shall be made to the Town Office on forms provided by the Town Office. Fence permit applications to erect a fence within any given required front, side, or rear yard shall be accompanied by a survey map reflecting the current extent of the property and depicting the proposed location of said fence.
(5)
Fence permit applications for lots with direct shoreline frontage in the Lakeshore Residential District shall also depict the mean water line on the current survey map.
B.
General requirements.
(1)
No fence shall be erected or encroach upon a public right-of-way.
(2)
Any fence shall have its finished or decorative side facing the adjacent properties. The fence posts and other supporting structures of the fence shall face the interior of the area to be fenced.
(3)
The height of all fences shall be measured from the average finished grade of the lot at the base of the fence.
(4)
Natural fencing, hedges, or other landscaping planted at or near to lot lines with the intent to act as fencing must comply with all applicable regulations set forth in this chapter, and must maintain a three-foot setback from any existing sidewalk when fully grown.
(5)
Fences incorporating barbed wire, electric current, or similar materials or devices shall be allowed only when necessary for agricultural or public utility operations and, unless part of an agricultural operation, shall be subject to a minimum ten-foot setback.
(6)
Fences expressly designed with the intent to maim or injure prospective intruders are prohibited except as authorized in Subsection B(5) above.
(7)
Every fence shall be maintained to provide functional, visual, and structural integrity. No fence shall be erected that will create a safety problem for people using the public right-of-way.
(8)
If the fence is to be located on a corner lot, the provisions of § 106-45.10 (Visibility at intersections) shall also apply. No solid fences over 24 inches in height shall be permitted in the triangular area formed by the intersecting street lines and a straight line joining the street lines at points which are 25 feet in distance from the point of intersection measured along the street lines. Measurement of height shall be from the grade of the abutting top of curb or from the crown of the abutting road, if there is no curbing. Split-rail fences, cyclone fences or other similarly open fences are permitted in the triangular area, provided that they do not create a traffic hazard or block visibility.
(9)
Fences adjacent to driveways which intersect public highways or private rights-of-way and fences adjacent to intersections of public highways or private rights-of-ways or any combination thereof shall not obstruct the vision of operators of motor vehicles traveling on such public highway or private rights-of-way or of vehicles entering the same from intersecting driveways.
C.
Nonresidential districts. All fences within nonresidential districts shall also comply with the following:
(1)
Fences may be constructed, established or built up to 12 feet in height above the average natural grade, provided that they do not create a traffic hazard or block visibility.
(2)
Fences six feet or lower in height are exempt from the setback requirements of the lot on which they are located. For fences greater than six feet in height, the setback requirements of the lot on which they are located shall apply. There shall be an additional one-foot setback for every one foot in height exceeding the first six feet.
D.
Residential districts. All fences within residential districts shall also comply with the following:
(1)
No fences shall be constructed, established or built in excess of six feet in height, with the exception of tennis or recreation courts, which may be up to 12 feet in height.
(2)
Fences six feet or lower in height are exempt from the setback requirements of the lot on which they are located. For fences greater than six feet in height (tennis or recreation courts), the setback requirements of the lot on which they are located shall apply. There shall be an additional one-foot setback for every one foot in height exceeding the first six feet.
(3)
No fence or wall over four feet in height shall be constructed in the front yard of any lot, except for decorative posts on said fence, which may be no more than 12 inches in excess.
(4)
All front yard fences in residential districts shall not be of chain link material or design.
(5)
This section does not regulate necessary retaining walls.
E.
Lakeshore Residential District. In addition to the residential district fencing requirements above, all fences in the Lakeshore Residential (LR) District shall comply with the following regulations:
(1)
No fence shall be erected on a property in the LR District that unduly impairs views of the lake or other natural scenic vistas from adjacent or other nearby properties. The Zoning Board of Appeals may, as conditions necessitate, reduce the height of fences, alter their location, size, or design so as to accomplish this objective.
[Amended 12-12-2019 by L.L. No. 2-2019]
(2)
Fences located between the mean water line and the rear building line of a principal structure, including decks and porches, shall not exceed four feet in height.
(3)
Fences located in side yards may have a height in excess of four feet but shall not exceed six feet in height.
(4)
Fences located between the mean high water elevation and the rear building line of a principal structure, including decks and porches, shall be comprised of materials that are at least 60% transparent, as viewed from an angle of 90°.
[Amended 12-12-2019 by L.L. No. 2-2019]
(5)
Fence materials for fences or portions of fences located in side yards may be opaque.
(6)
Fences may be constructed from wood, chain link, stone, rock, brick, masonry brick, wrought iron, vinyl, and aluminum.
(7)
No fence shall be constructed from cast-off, secondhand, or other items not originally intended to be fencing, plywood less than 5/8 inch thick, low-grade plywood, particle board, paper, foam board, plastic, tarps (and similar materials), razor wire or other dangerous materials, sheet metal, roll metal, corrugated metal, concrete block, or chain links.
(8)
New fences shall extend no closer to the water than 10 feet from the mean high water elevation.
[Added 12-12-2019 by L.L. No. 2-2019]