HomeMy WebLinkAbout1996_2_28_Local_Law_No_3 LOCAL LAW NO. 3— 1996
This Local Law Shall be known as "Amendment to Zoning Ordinance
Provisions for Walls and Fences".
Section 1. Purpose:
This local law modifies the requirements of the Zoning
Ordinance with respect to walls and fences. Over the last several
years there has been a significant increase in the number of
applications made to the Zoning Board of Appeals for walls and
ences. The need to modify the Town requirements with respect to
walls and fences has become apparent as a. result of this large
number of variance -applications. The purpose of this local law is
provide regulations consistent with the needs of the conununity
which protect the health, safety, and welfare of the community.
Section 2•
A) Section 89-3 of the Zoning Ordinance is amended by adding
the following definitions.
Fence - a structure, including a wall, enclosing a yard
or portion of a yard, used to prevent or impede entrance and/or to
mark a boundary.
Retaining wall - a structure which holds or secures in
place rock and/or earth.
B) Section 89-44 (d) is hereby amended to read as follows:
Walls and Fences.
(1) The yard requirements of this ordinance shail not be
deemed to prohibit any necessary retaining wall nor to
prohibit any fence or wall provided that in any residence
district such fence or wall shall not exceed four feet in
height in any required front yard and/or five feet in
height in any required side or rear yard. For the
purposes of this ordinance, the height of any retaining
wall shall be included in the computation of the height
of a wall or f ence placed on top of or above such
retaining wall or at a distance of four feet or less
horizontally from the retaining wall, in determining
whether or not a wall or fence meets the height
restrictions of this provision-
(2) Gates, posts, capitals and pillars shall comply with
the height requirements of this provision except
ornamental or decorative features on top of posts,
pillars, capitals and gates may exceed the height
limitations of this provision by no more than twelve
inches. However, no more than ten percent of the total
length of a fence or wall including gates, posts,
capitals, and pillars may have an ornamental or
decorative feature which exceeds the height limitations
set forth in Section 89-44 (d) (1).
(3) Six foot fences are permitted in business or
commercial districts in thQ side and rear yards only.
(4) Walls and fences are subject to Section 89-44E.
Section 3. Severability..
Should any provision of this local law be declared invalid by a
court of competent jurisdiction, such declaration of invalidity
shall not effect any other section of this local law which may be
otherwise capable of enforcement.
Section 4. Effective Date:
This local law shall take effect immediately.