[HISTORY: Adopted by the Board of Trustees of the Village
of Kensington 3-19-1975 by L.L. No. 2-1975. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 151.
[Amended 7-30-1980 by L.L. No. 1-1980]
No fence or wall, other than a retaining wall, shall exceed
six feet in height. If at the property line of a lot nearest the proposed
fence or within three feet thereof the natural elevation of the land
has been raised above its natural state, the height of the fence shall
include the distance the land was so raised.
[Amended 5-17-1989 by L.L. No. 6-1989; 2-17-1993 by L.L. No. 1-1993]
Fences and walls, other than a retaining wall, must comply with the side yard and rear yard restrictions applicable to a building or structure in the district in which such fence or wall is to be located, except as otherwise provided for herein. In no event shall any fence be permitted in a front yard except as provided in § 77-7.
A retaining wall need not comply with front yard, side yard
or rear yard restriction, provided that its height is no greater than
that of the land in its natural state at the point where such retaining
wall is to be constructed. Any portion of such wall whose height exceeds
that of the land in its natural state at the place where it is to
be constructed is not regarded as a retaining wall, notwithstanding
that dirt and soil may be piled or graded against it, and such portion
of the wall must comply with the provisions of the chapter.
[Amended 7-25-2012 by L.L. No. 3-2012]
Notwithstanding any provisions of the Building Zone Ordinance[1] to the contrary, a fence, irrespective of height, or a
retaining wall of more than three feet in height over the lower grade,
shall not be erected until plans are filed with the office of the
Village Clerk, addressed to the Board of Trustees of the Village,
and a building permit is issued authorizing its construction.
[Amended 5-17-1989 by L.L. No. 6-1989]
Notwithstanding any provision of the zoning regulations of the
Village to the contrary,[1] a fence not more than four feet in height need not comply
with side yard setback requirements and may be located on a side property
line, and a fence not more than six feet in height need not comply
with rear yard setback requirements and may be located on a rear property
line.
Any fence in violation of the provisions hereof but lawfully
existing at the effective date of this chapter may be continued in
use, but shall not be altered or enlarged or used except in compliance
with this chapter and any amendments thereto.
[Added 2-17-1993 by L.L. No. 1-1993[1]]
A.
For the purpose of this section, a corner lot shall have two front
yards: a principal front yard which is the yard extending across the
entire width of the lot between the building line of the dwelling
in which the main entrance is located and the line of the street upon
which the main entrance faces (the principal street) and a secondary
front yard which is the yard extending across the entire width of
the lot between the building line of the side of the dwelling and
the line of the street upon which it faces (the secondary street),
excluding that portion of the lot that is within the principal front
yard.
B.
The Board of Appeals, after a public hearing, may permit the enclosure
of the secondary front yard by a fence, not to exceed four feet in
height, that runs parallel to the principal street and is no closer
to the principal street than the building line of the dwelling in
which the main entrance is located and thence runs parallel to the
secondary street to the rear line of the lot.
C.
The fence shall be approved by the Board of Appeals upon a finding
that it is not visible from surrounding properties or from any street.
In making this determination, the Board of Appeals shall consider
the material, style, height, color and setback of the fence and the
surrounding landscaping and shall be entitled to impose conditions
designed to shield it from the view of surrounding properties and
from any street.
[Amended 5-17-1989 by L.L. No. 1-1989.]
Each person who violates any provision of this chapter shall,
for each and every day that said violation continues, be subject to
a fine of not more than $1,000 or imprisonment for a period not to
exceed six months, or both such fine and imprisonment.
