Farmingdale City Zoning Code
ARTICLE XXI
Fences
§ 600-158 Permits required for certain fences; applications; conditions for issuance. [1]
Except as otherwise expressly provided in this chapter, no person shall place, erect, alter or construct a fence or cause a fence to be placed, erected, altered or constructed within any residential zone of the Village of Farmingdale, as such residential zone now is or may hereafter be described and designated in the Zoning Ordinance of the Village of Farmingdale and the Use District Map set forth therein, or within 25 feet of the boundary line of any such residential district, except as provided in this chapter and pursuant to a permit issued therefor by the Superintendent of Buildings of the Village of Farmingdale. Each application for such permit shall be made to the Superintendent of Buildings and shall describe the type of fence which is the subject of said application, the material from which said fence is to be constructed, the height and location thereof and such other information as shall be required by the Superintendent of Buildings. No such application shall be granted unless the Superintendent of Buildings is satisfied that said fence is constructed, erected, placed or altered in compliance with the terms of this chapter.
§ 600-159 Height, location and construction requirements.
[Amended 7-14-1969]
A.
Height and construction requirements; exceptions.
[Amended 10-2-1995 by L.L. No. 1-1995]
(1)
No fence for which a permit is required under the provisions of this chapter shall be more than four feet in height except:
(a)
A trellis fence or a tennis court fence.
(b)
A fence along the rear line of any lot other than a corner lot, which may be six feet in height, which shall include a six-foot stockade or close-board type fence.
(c)
A fence along the side lot line of any lot, between the front building line or front yard setback, whichever is greater, and rear lot line, which may be six feet in height.
(2)
If said fence shall be constructed of wire or iron or wooden pickets or boards, then the wire strands or iron rods or the wooden pickets or boards shall have an open space between each wire strand, iron rod or wooden board of picket of not less than one inch, and the width of any picket or board shall not exceed six inches, provided that wattle fences need not comply with such space requirements. No such fence shall be constructed wholly or partly of barbed wire. No fence shall be so constructed as to allow the wire ends or other sharp protrusions or unfinished side to project toward or in the direction of the adjoining street or sidewalk or adjacent lot.
B.
No fence shall be erected within a residential zone in the Village of Farmingdale as such residential zone now is or may hereafter be described and designated in the Zoning Ordinance of the Village of Farmingdale and the District Map referred to therein, on such portion of any plot which shall be located in the front yard area thereof as defined in § 600-7B of said Zoning Ordinance, and in no event less than 25 feet from the street line or lines of said plot. Where said plot fronts on two streets, the space situated between the building and each street shall be considered a front yard for the purpose of this chapter.
[Added 10-28-1963]
§ 600-160 Fences between residential and business properties; enclosing attractive nuisances; guidelines for granting permits.
The Board of Trustees may permit the erection of a fence exceeding four feet in height, or a fence commonly known as a "close-board fence," along or near the boundary line between premises in a residential zone and premises being used for business purposes. The Board of Trustees may also permit the erection of a fence or other enclosure, including a close-board fence, exceeding four feet in height, enclosing any plot or structure of any kind which may be deemed by the Board of Trustees to be an attractive nuisance or which may be or become dangerous to life, health or safety of any person unless the same is protected with a fence or other enclosure. A permit for the erection of such fences shall be granted subject to such restrictions and safeguards as may be imposed by the Board of Trustees. In granting such application, the Board of Trustees shall consider the health, safety, convenience and general welfare of the inhabitants of the Village of Farmingdale, and whether the granting of the permit will be in harmony with the general purpose and intent of this chapter, and with due consideration to the character of the district and with a view toward conserving the value of the building and encouraging the most appropriate use thereof.
§ 600-161 Permit fee.
The applicant shall pay, as a fee for a permit to be issued under this chapter, the sum as provided for in the schedule of fees maintained by the Village Clerk-Treasurer, which shall be set from time to time by resolution of the Board of Trustees.
§ 600-162 Effect on existing unlawful uses.
The adoption of this chapter shall not be construed to and shall not render lawful the use, construction or alteration of any fence which was not lawfully used, constructed or altered prior to the adoption of this chapter.