As used in this article, the following terms shall have the
meaning indicated:
A fence not exceeding a height of 36 inches from ground level,
made of material other than wire, metal, chain or poured concrete,
and constructed in a substantially open pattern (such as a weave or
board-and-space pattern and not a solid pattern such as a block, concrete,
or privacy pattern).
Any enclosure or barrier, solid or otherwise, made of wood,
iron, stone or other material, as around or along a yard, walkway,
field, or other area, and shall include a decorative fence.
A row of bushes or small trees planted close together which
may form a barrier, enclosure or boundary.
A fence having a pointed post, stake, pale or peg placed
vertically with the point or sharp part pointing upward to form a
part of the fence.
A solid barrier of any material constructed to hold back
a mass of earth. A retaining wall shall be considered a fence for
purposes of this article.
No fence or portion of a fence shall be constructed within the
front setback area of a building; provided, however, that a decorative
fence may be constructed in the front setback area. Fences may be
constructed alongside lot lines but shall not extend into the front
setback area as extended to the side lot lines. Residential fences
shall have a two-foot side yard setback and an eight-foot rear yard
setback from a property line.
A.
Residential fences are permitted in residential districts but shall
not in any case exceed a height of eight feet and shall not be closer
than eight feet to any public right-of-way.
B.
Security fences are permitted on the property lines, subject to setback
requirements in the districts, except residential districts, but shall
not exceed 10 feet in height and shall be of an open type similar
to woven wire or wrought iron fencing.
C.
Prohibited fences. No fence shall be constructed which is a picket
fence or which is of an otherwise dangerous condition, or which conducts
electricity or is designed to electrically shock or which uses barbed
wire; provided, however, that barbed wire may be used in industrially
zoned areas if the devices securing the barbed wire to the fence are
10 feet above the ground and project toward the fenced property and
away from any public area.
D.
Fences to be repaired. All fences shall be maintained and kept safe
and in a state of good repair, and the finished side or decorative
side of a fence shall face adjoining property.
The height and setback for hedges shall be the same as outlined for fences in §§ 365-81 and 365-82 hereof; provided, however, that hedges three feet in height or less, from sidewalk level, may be kept in the front setback area, and provided further that no hedge shall be permitted in the tree lawn area or, where no tree lawn area exists, within four feet of any street or alley. Hedges shall be trimmed and maintained and shall not impede or obstruct sidewalks.
Trash and recycling containers and mechanical equipment, including
rooftop equipment, shall be located and screened so that they are
not visible from a public street or from the river.
Fences erected for the protection of planting, or to warn of construction hazards, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in §§ 365-81 and 365-82. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days.
Any fence or hedge existing on the effective date of this chapter
and not in conformance with this article may be maintained, but no
alteration, modification or improvement of the same shall be permitted
unless as a result of such alteration, modification or improvement
said fence or hedge shall comply with this article.
