A.
The regulations hereinafter established for fences shall also apply
to any wall which is placed, erected or constructed on a lot to serve
the same purpose as a fence.
B.
No fence shall be placed, erected or constructed on a lot without
a permit issued therefor by the Building Inspector.
C.
Except for fences which are located on decks or aboveground pools,
the height of a fence shall be measured from the top of said fence
to the ground directly beneath said fence.
D.
Fences which are within the clear visibility portion of a front or corner lot, as established in § 211-36, shall not exceed three feet in height.
F.
For purposes of regulating fences, a lot which adjoins a limited-access
highway, including but not limited to New York State Route 390 and
the Lake Ontario State Parkway, shall be regarded as an interior lot
and not as a through lot.
G.
If a zoning district boundary and a lot line coincide, the maximum
permissible fence height shall be the greater of the heights permitted
by each district.
H.
If an earthen berm is located on a lot, fences shall not be permitted
between the lot line which generally parallels said berm and the toe
of the berm slope which faces the interior of said lot. This restriction
shall apply even if said berm is not continuous.
I.
The most finished or decorative side of any fence which is placed,
erected or constructed on a lot shall face outward from said lot toward
the adjoining lots.
J.
For purposes of this chapter, a fence shall be deemed to be of closed
construction if its component materials comprise more than 50% of
the area of any and all portions of said fence. For purposes of this
chapter, a fence shall be deemed to be of open construction if its
component materials comprise 50% or less of the area of any and all
portions of said fence.
K.
Except as hereinafter provided, any fence which is placed, erected
or constructed on a lot may be of closed construction.
L.
Except as hereinafter provided, fences which are located in a front
or corner yard shall be of open construction and shall not exceed
four feet in height.
Except as hereinafter provided, fences which are located in
a side or rear yard shall not exceed six feet in height.
A.
Rear and waterfront yards. Fences which are located in a rear yard
or a waterfront yard shall be of open construction and shall not exceed
four feet in height if:
(1)
On a corner lot in any residential district said fences are located
in the portion of a rear yard which adjoins the front yard of any
adjoining lot.
(2)
On a through lot, such fences are located closer than 20 feet to
the rear lot line of such lot.
(3)
On any waterfront lot, such fences are located within the twenty-five-foot
waterfront buffer of such lot. See Figure 5.[1]
[1]
Editor's Note: Figure 5 is included as an attachment to this chapter.
(4)
On any waterfront lot, such fences are located within 20 feet of
the rear lot line of such lot.
B.
(Reserved)
C.
Fences on decks. A fence may be placed, erected or constructed on
a deck, provided that said fence:
(1)
Is located in a rear yard.
(2)
Complies with the setback regulations established for principal buildings
in the district in which said fence is located.
(3)
Complies with all other applicable regulations in this section.
(4)
Does not exceed six feet in height. Said fence height shall be measured
from the top of said fence to the walking surface of the deck or pool
directly beneath said fence.
A.
Except as hereinafter provided, in all nonresidential districts except
the PL District, fences shall not exceed eight feet in height when
such fences are located in the side or rear yard of a lot or business
center.
B.
Fences which are located in the rear yard of a lot or business center
shall be of open construction and shall not exceed four feet in height
if said fences are located closer than 20 feet to the rear lot line
of said lot or business center and if said lot or business center
is a:
C.
Fences on decks. A fence may be placed, erected or constructed on
a deck, provided that said fence:
(1)
Is located in a rear yard;
(2)
Complies with the setback regulations established for principal buildings
in the district in which said fence is located;
(3)
Complies with all other applicable regulations in this section; and
(4)
Does not exceed eight feet in height. Said fence height shall be
measured from the top of said fence to the walking surface of the
deck or pool directly beneath said fence.
D.
Fences which enclose outdoor refuse containers. A fence which encloses
an outdoor refuse container shall not exceed 10 feet in height.
A.
Upon application to and with the approval of the Board of Zoning Appeals pursuant to § 211-65A, a special permit may be issued for the use of barbed wire or other similar sharpened enclosure material (including but not limited to razor wire and razor tape) on fences in nonresidential districts only, provided that the purpose of such enclosure material is to prevent entry into an area:
B.
Any application for a special permit for the use of barbed wire or
other similar sharpened enclosure material (including but not limited
to razor wire and razor tape) shall specify:
(1)
The number of strands of such enclosure material which are to be
used.
(2)
Whether such enclosure material slants inwardly or outwardly.
(3)
The dimensions, location and extent of the placement of such enclosure
material.
(4)
Any other details which may be required by the Board of Zoning Appeals.
A.
Fences around tennis courts. A fence may be placed, erected or constructed
around a tennis court, provided that:
(1)
Said tennis court is a permitted use.
(2)
Said fence does not exceed 12 feet in height.
(3)
The setbacks of said fence comply with the setback regulations established
for accessory uses in the district in which said tennis courts are
located.
(4)
Said fence is of open construction. However, a woven or mesh fabric
material may be permitted to be attached to said fence for the purpose
of providing screening from the wind.
B.
Fences around uses related to national defense. Exempt from the regulations
established in this section are uses which are classified as key facilities
by the United States Department of Defense.
