[HISTORY: Adopted by the Board of Trustees of the Village
of Brockport 10-17-1977 by L.L. No. 3-1977. Amendments noted where
applicable.]
Berms, fences, hedges and screen plantings shall be permitted,
subject to restrictions as provided in this chapter.
A.
Any
fence in a residential district shall have its most pleasant or decorative
side facing the adjacent lot with all posts being in the applicant's
yard, unless such posts or supports are an integral part of the decorative
design of the fence.
B.
No
fence, hedge or screen plantings shall be erected or maintained over
six feet in height, and they shall not extend beyond any required
front setback line.
C.
No
solid fence shall be constructed or maintained in a manner which shall
impede or otherwise obstruct access to the rear of the dwelling for
emergency equipment such as firefighting equipment, etc.
D.
Open
decorative fences, hedges or screen plantings may be permitted within
any required front yard subject to the issuance of a conditional use
permit by the Planning Board. In addition to any other requirements
of a conditional use permit, no such permit shall be issued where:
(1)
The fence exceeds a height of three feet.
(2)
The fence is nearer than three feet to any front lot line or nearer
than three feet to any public sidewalk.
[Amended 9-15-1997 by L.L. No. 1-1997]
(3)
The fence is not uniformly constructed.
(4)
There is objection to the fence by more than 50% of the adjoining
owners within a radius of 100 feet.
(5)
The fence obstructs the traffic vision of pedestrian and/or motor
vehicles.
E.
Fences
shall be continually maintained, and no fence, hedge or screen plantings
shall be permitted to become unsightly or in a state of disrepair.
F.
Open
decorative fences, hedges and screen plantings not exceeding three
feet in height and not extending beyond the side foundation walls
of the house are permitted within 10 feet of the front foundation
wall.
G.
Nothing
herein contained shall be construed as prohibiting, in any required
front yard, decorative or landscape plantings, such as bushes, flowers,
trees and the like, which are not designed or intended as a fence.
A.
Any
fence facing a residential district shall have its most pleasant or
decorative side facing the residential district with all posts and
supports being on the side of the fence opposite the residential area,
unless such posts or supports are an integral part of the decorative
design of the fence. This relationship shall prevail where any more
restrictive district abuts any less restrictive district, the less
restrictive district having the posts and/or supports on its side.
B.
Barbed
wire or electric fences.
(1)
A fence eight feet high with a barbed wire top or an electric shock
fence which would not be detrimental to health, safety or welfare
of any person coming into contact with it may be permitted in the
general commercial and industrial districts, upon issuance of a conditional
use permit by the Planning Board, where it can be demonstrated that:
(a)
The fence is needed to prevent entry to an area which could be hazardous
to the health, safety or welfare of a person or persons.
(b)
The fence is needed to secure an area where materials and/or equipment
is stored.
(c)
The fence is needed to keep animals other than common household pets,
except in a kennel situation, from leaving the site.
(d)
In the Planning Board's opinion, other reasons are presented
which, in the general community interests or interests of national
safety, justify the need for such a fence.
(2)
Where such fences are permitted, the fact that they are either barbed
or electrified shall be clearly indicated on the fences at intervals
of not more than 75 feet.
A.
In
the event of a violation of this chapter, the Building Inspector shall
give written notice, by registered or certified mail, of the alleged
violation to the owner or occupant of the property on which the fence
is located to repair or remove said fence and rectify the violation.
Said owner or occupant shall have 30 days from the date of the written
notice to comply with the provisions of these sections regulating
fences.
B.
There
shall be a penalty of a fine of $50 per day after the expiration of
the thirty-day notice. The Building Inspector shall be authorized
to issue an appearance ticket and complaint against the alleged violator
to appear in the Municipal Court for the collection of the fine or
to request the Village Attorney to institute an action in the appropriate
court to have said fence repaired or removed.
[Amended 3-16-1998 by L.L. No. 3-1998]
C.
These
fence regulations shall not apply to the erection of an open-wire
fence within a publicly owned park, playground or school premises
if the need for such a fence for such uses as athletic fields is demonstrated
to and approved by the Building Inspector.