Elbridge Town City Zoning Code
ARTICLE VIII
Fences
§ 265-46 Permit required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
No fence shall be constructed, erected, enlarged or altered unless a permit is first obtained from the Code Enforcement Officer upon payment of a fee as established by resolution of the Town Board. In the event that a property owner applies for more than one fence permit in a calendar year, there shall be no fee charged for any additional fence permits.
§ 265-47 Application.
Application for a permit for a fence, except for an agricultural use, shall be made upon a form to be provided which shall be accompanied by an accurate survey upon which there shall be shown the proposed location of the fence, a scaled drawing of a typical section of the fence including all gates, and material and color details, together with any other information as may be required. An application for an agricultural use fence which fence will be constructed with materials other than those sold as ornamental fencing, may be made upon a sketch plan provided by the applicant which portrays the property lines of the property.
§ 265-48 General regulations.
A fence situated in a required front yard shall not exceed four feet in height and shall be so constructed as to allow one to see through it, so as not to block visibility of or by pedestrians or motorists. However, the four-foot limitation shall not apply to an agricultural use fence which is not an ornamental fence and which otherwise is not subject to site plan review.
All fences shall be constructed such that the finished surface is located on the side which is visible from the exterior of the premises. All posts and reinforcement members shall be located on the interior side of the fencing.
No fence shall be located within the boundary of any public right-of-way.
Barbed-wire fencing and electrified fencing are prohibited, except for an agriculture use.
§ 265-49 Residential and agricultural use fences.
Fences for one- and two-family residences and fences for nonretail sale agricultural uses shall not exceed six feet in height which are situated other than within a required front yard setback.
§ 265-50 Other fences.
Uses subject to site plan review must have any proposed fence approved by the Planning Board prior to issuance of a permit by the Code Enforcement Officer.
§ 265-51 Exempt fences.
The following fences are exempt from the provisions of this article:
An agricultural grazing fence, a seasonal snow fence and a construction fence.
A fence enclosing a swimming pool as required by the New York State Building Code.
Any other fence situated 10 feet off of any property line or 10 feet off of a public or private right-of-way and such fence height does not exceed six feet above the ground.