Islip City Zoning Code
ARTICLE XXX
Sight Obstructions, Fences and Walls
§ 68-404 Obstructions to motorist's sight.
Visual obstructions to a motorist's view at the intersection of streets or driveways are not permitted at any time within any sight triangle, as specified herein. Such obstructions include but are not limited to any sign, hedge, fence, shrubbery, foliage, automobile or other object as determined by the Town of Islip, whether movable or stationary, which is higher than three feet and lower than eight feet above the adjacent edge of pavement. Such obstructions shall not include existing buildings, public utility poles, traffic control devices, natural grades, sign posts or small trees which do not exceed 12 inches in diameter or 38 inches in circumference and which are trimmed to the trunk leaving a clear area between three feet and eight feet above the adjacent edge of pavement as illustrated in Figure 404.
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§ 68-405 Sight triangles.
A.
Intersecting streets shall have a sight triangle at every corner. Each sight triangle shall be bounded by the pavement edges and a diagonal line joining points on the pavement edges which are located 30 feet from the point of the actual or projected intersection of the pavement edges as illustrated in Figure 405.
B.
Driveways (except one- and two-family driveways) intersecting with streets shall have two sight triangles as described in Subsection A, except that the driveway legs of the sight triangles shall be 20 feet as illustrated in Figure 405.
C.
One- and two-family driveways intersecting with streets shall have two sight triangles as described in Subsection A, except that the street legs of the triangles shall be 20 feet and the driveway legs of the triangles shall be 16 feet as illustrated in Figure 405.
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D.
A required sight triangle may be increased by the Director of Traffic Safety where in his determination the required sight triangle at an intersection of two streets is insufficient to abate a traffic hazard.
§ 68-406 Fences and walls.
[Amended 2-28-2017]
A.
No fence or wall, except an existing retaining wall, shall be higher than six feet above the ground at any point unless such fence is an open chain-link type or one which does not restrict light or visibility through more than 15% of its surface (evenly distributed), but shall not be higher than eight feet anywhere on the property. This provision pertaining to the restriction on height or visibility of fences and walls shall not apply to battery energy storage systems, transfer stations, or junkyards or scrap metal processing facilities for which special permits have been granted by the Town Board.
[Amended 1-19-1982; 3-10-2009; 5-21-2013; 7-12-2022]
B.
No portion of any fence or wall shall be higher than four feet above the ground at any point when set back less than 15 feet from a street property line. For corner lots, no fence, or wall, shall be higher than four feet above the ground at any point when set back less than 10 feet from the second front yard property line. This provision shall not apply to retaining walls, which shall be set back from street and second front yard property lines in accordance with § 68-406F. For through lots, a fence up to six feet in height may be located on a through lot front yard property line, however, it shall be set back at least five feet from a sidewalk or edge of road pavement. No fence shall be higher than six feet when set back less than 15 feet from a through lot front yard property line.
[Amended 1-14-2003; 8-12-2003; 12-12-2006; 12-17-2019]
(1)
Exception: For single-family and two-family dwellings on corner lots of 11,250 square feet or less, a fence, no higher than six feet, may be located up to the second front yard property line, provided that no fence between the front yard property line and the front line of the dwelling exceeds four feet in height, and the fence complies with all other requirements of Article XXX, Sight Obstructions, Fences, and Walls.
(2)
Exception: For commercial properties with frontage along Sunrise Highway (SR 27), Veterans Memorial Highway (SR 454) or the Long Island Expressway (Interstate 495), a fence, no higher than eight feet, may be located on the rear or side property line abutting a residential use. Within the Industrial Corridor District pursuant to § 68-482.1C, an eight foot sound attenuation wall shall be permitted.
[Amended 3-14-2023]
(3)
Exception: For any buffer fence reviewed and approved by the Planning Board, no higher than eight feet, may be located on the rear or side property line abutting a residential use. An eight foot high buffer fence shall be required for all industrial uses, fast-food restaurants, convenience markets and/or all properties zoned Business 3 District.
[Added 5-14-2024]
C.
No fence, wall or obstruction shall be higher than three feet above the adjacent pavement edge when located within any required sight triangle or when set back less than five feet from any street pavement edge.
[Amended 5-14-2024]
D.
No gate shall open into any street.
E.
The use of fences which deliver an electric shock, charge or current to any animal or human being, when touched, is prohibited. The installation or use of barbed wire, razor wire, concertina wire or any other similar wire or device designed to injure persons coming in contact with the same is also prohibited, unless required by federal, state, or local law or regulation and pursuant to § 19-44.2.
[Amended 5-14-2024]
F.
All walls greater than 18 inches in height from average, undisturbed grade shall be set back from any property line a minimum of four feet or a distance equal to the height of the wall above average, undisturbed grade, whichever is greater. Walls that are greater than 18 inches in height, at any point above average, undisturbed grade, shall obtain a permit prior to construction. For marine bulkheads, a Town of Islip Wetlands and Watercourses Permit may constitute the required permit, subject to the review of the Divisions of Building and Engineering. All walls, as defined in § 68-3 shall receive a determination of the necessity of site plan review from the Divisions of Building and Engineering prior to construction.
[Added 8-12-2003; amended 3-14-2023]
G.
All walls 18 inches in height or less from average, undisturbed grade, as defined in § 68-3, do not require a setback or permit unless directed by the Town Engineer after a preliminary site assessment. All walls, as defined in § 68-3, shall receive a determination of the necessity of site plan review from the Divisions of Building and Engineering prior to construction.
[Added 8-12-2003]
H.
Fences of no higher than eight feet shall be permitted to be located on the property line on Fire Island, provided that they do not restrict light or visibility through more than 15% of their surface (evenly distributed) and are not composed of chain link (unless a decorative chain link fence design is presented to the Department of Planning and Development for architectural review).
[Added 5-21-2013]
I.
If a fence is proposed along any street frontages for mini-storage warehouses, said fence shall be a wrought-iron-type fence, in conformance with § 68-406, and shall be designed pursuant to the direction of the Planning Board.
[Added 5-15-2018]
J.
No chain link (cyclone) fence shall be permitted in the front yard on all properties located in all Business and General Service Districts.
[Added 12-17-2019]