A. 
Fences shall not be considered structures under the Zoning Ordinance[1] and, as such, may be erected in any district, subject to the provisions of this chapter. It is recommended that a property survey be used to determine fence placement.
[1]
Editor's Note: See Ch. 600, Zoning.
B. 
An application must be submitted to, and a permit obtained from, the Code Enforcement Officer before the erection of any fence. The permit application shall be in a form as authorized by the Code Enforcement Officer. All conditions set forth, and all information requested, in the permit application must be provided by the applicant. The cost of such permit shall be set by the Town Board.
[Amended 2-14-2022 by L.L. No. 2-2022]
In residential districts, no fences shall be constructed, established or built in excess of eight feet in height. In nonresidential districts, fences may be constructed, established or built up to eight feet in height above the average natural grade, provided that they do not create a traffic hazard. A building permit is required for any fence constructed above eight feet in height, regardless of the zoning district.
No solid fences over 24 inches in height shall be permitted in the triangular area formed by the intersection of street lines and a straight line joining the street lines at points which are 35 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. Only split-rail fences or other similarly open fences are permitted in said triangular area, provided that they do not create a traffic hazard and block visibility. All fences constructed or proposed to be constructed in said triangular area require a permit and approval by the Town's Code Enforcement Officer.
Barbed wire and electrically charged fencing are prohibited in all districts, unless approved by a variance.
A. 
All fences shall be erected within (not on) a property's boundary lines.
B. 
No fence shall encroach upon a public right-of-way except upon application to and approval of the Code Enforcement Officer and Commissioner of Public Works on the conditions set forth herein and upon such additional conditions as set by the Town's Code Enforcement Officer and Commissioner of Public Works.
C. 
Solid fences or other similar fences shall maintain a setback of 10 feet from the street property line or right-of-way or be no greater than 24 inches in height. Fences are permitted to be placed within the ten-foot street setback or right-of-way, provided that they do not create a traffic hazard or in any manner block visibility, and on the condition that if said fence within the street setback or public right-of-way is damaged by the Town of Dickinson for any reason, the property owner shall be solely responsible for said costs of repair, and on the further condition that should the Town of Dickinson or its contractors need to work within said public right-of-way where the said fence is located, the property owner shall be solely responsible for the removal, repair and/or replacement of said fence upon notice by the Town of Dickinson.
D. 
If the proposed fence is to be located on a corner lot, the provisions of § 294-5 above shall also apply, including permit and approval by the Town's Code Enforcement Officer and Commissioner of Public Works if the fence will encroach on the right-of-way.
These restrictions shall not be applied so as to restrict the erection of a structural engineered wall for the purpose of retaining earth. The provisions of §§ 294-5 and 294-7 above shall apply to such walls, including permit and approval by the Town's Code Enforcement Officer.
Swimming pools must be fenced in accordance with Section 303 of the New York State Property Maintenance Code, and any other applicable statute or regulation, as well as the requirements of this article.
Every fence shall be maintained in a safe, sound and upright condition. No fence shall be erected which will create a safety problem for people using the public right-of-way.