[HISTORY: Adopted by the Town Board of the
Town of Moreau 7-27-1990 by L.L.
No. 4-1990. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure regardless of composition, except a living
fence, that is erected or maintained for the purpose of enclosing
a piece of land or dividing a piece of land into distinct portions.
Applies to that portion of the yard in front of the rear
building line of any building. All corner properties adjacent to a
public street, alley or highway shall also be considered as a "front
yard" for purposes of this chapter. However, this definition shall
specifically not apply for purposes of swimming pool protection.
The distance measured from the existing grade to the top
of the fence.
[Amended 06-22-2021 by L.L. No. 1-2021]
No fence, wall or other type of construction shall be erected
without the approval of the Building Inspector, Zoning Administrator,
and/or Code Enforcement Officer. The Building Inspector and/or Code
Enforcement Officer shall secure approval of the Superintendent of
Highways and the Bureau of Fire Prevention, where applicable.
[Amended 06-22-2021 by L.L. No. 1-2021]
Any person or persons, corporation, firm or association intending
to erect a fence shall, before any work is commenced, make application
to the Building Inspector, Zoning Administrator, and/or Code Enforcement
Officer on a form provided by the Building Inspector, Zoning Administrator,
and/or Code Enforcement Officer. Said application shall be accompanied
by a scaled plan or sketch showing the proposed location of any fence,
the materials proposed to be used therein, which must be in accordance
with this chapter, and any other pertinent local law regulating construction
within the Town and be accompanied by an appropriate fee. Upon approval
by the Building Inspector, Zoning Administrator, and/or Code Enforcement
Officer, a permit shall be issued which will be in effect for a period
of one year from the date thereon. Said permit shall be available
on the job during the progress of the work so that it may be inspected
by proper Town officials.
[Amended 06-22-2021 by L.L. No. 1-2021]
No fence shall be more than eight feet in height at the rear
yard or side yard of homes or buildings situated in a residentially
zoned district, which fence shall not extend forward of the front
building line of any existing or proposed building. No other fence
or portions of a fence shall be higher than 48 inches. This restriction
shall not apply to construction in all zoning districts.
Any fence erected under this chapter shall be
placed at least six inches from any property line. Any fence erected
in a front yard shall be placed at least one foot back from the sidewalk,
but in no event may it be less than one foot back from the front line
and/or property line.
A.
Any fence, wall or similar structure as well as shrubbery
which unduly cuts off light or air which may cause a nuisance, a fire
hazard or a dangerous condition or an obstruction to combating fires
which may affect public safety is hereby expressly prohibited. Further,
no fence shall be erected in a front yard in a residential district
or along a public right-of-way unless the fence is uniformly less
than 50% solid.
B.
The following fences and fencing materials are specifically
prohibited in all zoning districts except the R-3, R-4, and R-5 Zoning
Districts:
[Amended 6-22-2021 by L.L. No. 1-2021]
C.
All chain link fences erected shall be erected with
the closed loop at the top of the fence. All other fences shall be
erected with the finished side facing the nearest adjacent property
line, where applicable.
D.
All entrances or gates shall open into the property.
E.
Notwithstanding the provisions of this section, the
Building Inspector, Zoning Administrator, and/or Code Enforcement
Officer may issue a permit for the construction of a security fence
for commercial and industrial properties, upon due application to
and approval by the Building Inspector, Zoning Administrator, and/or
Code Enforcement Officer of the Town of Moreau. The Building Inspector,
Zoning Administrator, and/or Code Enforcement Officer may deny such
application if it is found that the application for such fence is
not appropriate and is unnecessary. Upon such denial, the applicant
may appeal the decision of the Building Inspector and/or Code Enforcement
Officer to the Planning Board of the Town of Moreau by notice to the
same within 30 days of such denial. In the event that the Planning
Board substantiates the denial of the Building Inspector and/or Code
Enforcement Officer, the applicant may resort to proper legal proceedings
according to the statutes of the State of New York.
[Amended 6-22-2021 by L.L. No. 1-2021]
F.
All fences or walls must be erected within the property
line, and none shall be erected so as to encroach upon a public right-of-way
or interfere with vehicular or pedestrian traffic or interfere with
visibility on corner lots and/or other structures or vehicles, whether
stationary or transitory, on private or public property.
[Added 6-22-2021 by L.L. No. 1-2021]
Any variance to this chapter shall be granted by the Zoning Board of Appeals in accordance with the standards and procedures set forth in § 149-59A for area variances. In granting a variance, the Zoning Board of Appeals may impose conditions to protect the best interest of the surrounding property, the neighborhood and the Town as a whole.
[Amended 6-22-2021 by L.L. No. 1-2021[1]]
The Building Inspector, Zoning Administrator,
Code Enforcement Officer, Superintendent of Highways or Bureau of
Fire Prevention shall have the authority to direct, in writing, the
removal, trimming or modification of any shrubs, bushes, plants, trees,
flowers or other vegetation, fence, wall hedge or other structure
on private or public property wherever the same shall interfere with
adequate visibility of operators of motor vehicles at street intersections
or curbs. Any person who shall refuse or neglect to comply with the
written direction of the Building Inspector, Zoning Administrator,
Code Enforcement Officer, Superintendent of Highways or Bureau of
Fire Prevention shall be guilty of a violation of this chapter and
shall be subject to its penalties.
The provisions of this chapter shall not apply
to any fences erected pursuant to any other legislation of the Town.
Any person, firm or corporation or his or her
or its agent, servant, workman or employee violating any of the provisions
of this chapter shall be punishable by a fine not exceeding $250 or
by imprisonment for not more than 15 days, or both. Each day's continuance
of a violation after notice to cease shall be deemed a separate and
distinct offense and shall be punishable accordingly.
