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Town of Niskayuna, NY
Tuesday, October 23, 2018

Chapter 220. Zoning

Article V. Supplementary Regulations

§ 220-25. Fences.

[Added 4-4-1984 by Res. No. 102]
A. 
General.
[Amended 9-2-1997 by L.L. No. 11-1997; 3-22-2016 by L.L. No. 1-2016]
(1) 
The type of fence and construction shall be consistent with the existing character of the area in which it is located.
(2) 
Fences erected on corner lots shall comply with the requirements of § 220-15D.
(3) 
A fence may be located up to the property line.
(4) 
The ornamental side of any fence, if there is an ornamental side, shall face away from the lot on which it is located.
(5) 
A fence associated with a recreational facility other than a swimming pool shall be considered an integral part of that recreational facility and shall not be subject to the height limitation of Subsection B. Fences associated with recreational facilities other than swimming pools shall comply with the setback requirements of the principal building.
(6) 
A fence associated with a swimming pool shall be considered an integral part of the swimming pool if it is located around the apron or immediate area of the swimming pool. Fences associated with swimming pools shall be subject to the height limitations of § 220-30, Swimming pools.
(7) 
Fences on vacant lots may be permitted subject to the following requirements:
(a) 
Fences on vacant lots located in residential zoning districts or located adjacent to residential dwelling lots in nonresidential zoning districts shall not exceed four feet in height.
(b) 
Fences on vacant lots in nonresidential zoning districts adjacent to nonresidential lots shall not exceed six feet in height.
(c) 
Hazardous materials, electric fences and barbed wire are not permitted for fences on vacant lots.
B. 
Fences associated with residential dwelling lots.
(1) 
For residential dwelling lots.
[Amended 9-5-2006 by L.L. No. 8-2006]
(a) 
The maximum height for fences in a rear yard shall not exceed six feet. For fences located in the front yard and side yard, the maximum height shall be four feet.
(b) 
The maximum height for fences in a side yard associated with swimming pools shall be four feet, six inches or 54 inches.
(c) 
Hazardous materials, electric fences and barbed wire are not permitted.
(2) 
For nonresidential lots adjacent to residential lots.
[Amended 9-2-1997 by L.L. No. 11-1997]
(a) 
Fences on nonresidential lots shall, in general, be no higher than the height permitted on the contiguous lot line of the adjacent residential lot. Upon its determination that fence height in excess of this height is in the interest of public health and safety, the Planning Board may approve additional height not to exceed a total of 10 feet on the nonresidential lot.
(b) 
Hazardous materials, electric fences and barbed wire are only permitted on the upper portion of a fence, above eight feet, subject to the approval of the Planning Board based on a determination that the use of said materials is in the interest of public health and safety.
C. 
Fences between nonresidential lots.
[Amended 9-2-1997 by L.L. No. 11-1997]
(1) 
A maximum height of 12 feet is permitted.
(2) 
Materials such as barbed wire or hazardous material are only permitted on the upper portion, above eight feet.
(3) 
If the fence is topped with barbed wire, the barbed wire is to cant away from the adjoining lots.
(4) 
Unless otherwise specified, electric fences are not permitted.
D. 
Fences associated with utility substations.
(1) 
Unless otherwise specified, the maximum height shall be 12 feet.
(2) 
Fencing along streets or facing residential areas shall be screened with natural growth. The natural growth shall be maintained in a healthy, trimmed and attractive condition.
(3) 
Materials such as barbed wire or hazardous materials shall only be used to top the fence, and they shall not be located so as to endanger the public.
(4) 
Unless otherwise specified, if the fence is topped with barbed wire or other hazardous material, it shall cant away from adjoining property.
E. 
Fences associated with farms. Use of barbed wire and electric fences is permitted.