Southeast City Zoning Code
ARTICLE XVIII
Fences and Stone Walls
§ 138-100 Purpose.
The purpose of this article is to promote and protect the public health, welfare and safety and the community character of the Town of Southeast by regulating existing and proposed fences and stone walls. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the local character of the community, the regional visual resources, the physical appearance of the community, preserve the scenic and natural landscape and provide a more enjoyable and pleasing community.
§ 138-101 General provisions.
A.
No person, except on a farm and related to agricultural uses as defined in this Code, shall erect, alter or relocate any fence or stone wall without first obtaining a permit from the Building Inspector.
B.
No person shall erect any fence or stone wall on public property, including within road rights-of-way.
C.
Review and approval of the Architectural Review Board shall be required for fences and stone walls on commercially zoned properties, and nonresidentially used properties within a residential zoning district.
§ 138-102 Exemptions.
A.
No permit shall be required for a fence or stone wall to be replaced, repainted or repaired consistent with its original location, form, design and dimensions.
B.
Unless part of a larger application requiring site plan approval, fences and stone walls shall be exempt from site plan review.
C.
Fences and stone walls on residential properties within a residential zoning district shall be exempt from Architectural Review Board review.
D.
Temporary construction or erosion control fences shall be exempt from the provisions of this article.
§ 138-103 Application procedure.
Applications shall be made in writing to the Building Inspector and reviewed by the Zoning and Town Code Enforcement Officer on forms prescribed and provided by the Town and shall contain the following information:
B.
The location of the building, structure or land upon which the fence now exists or is to be erected.
C.
If a new fence is to be erected, elevation and plan drawings to scale. In addition, a full description of the placement and appearance of the proposed fence should be included and should cover the following:
(1)
The location on the premises; specifically, its position in relation to adjacent buildings, structures and property lines.
D.
Written consent or a copy of the contract made with the owner of the property upon which the fence is to be erected, if the applicant is not the owner.
E.
Permit. Upon filing of a completed application for a permit and the payment of the required fee, the Building Inspector shall examine the plans, specifications and other data submitted and the premises on which the fence is to be erected or now exists. If it shall appear that the application is complete with respect to the requirements of this article, the Building Inspector shall then, within 15 days, refer the application to the Architectural Review Board. In the case of a concurrent application to the Planning Board for site plan approval or to the Town Board for special permit approval, the application for a permit shall be referred to the Architectural Review Board with the site plan and/or special permit application. The issuance of a permit shall not excuse the applicant from conforming to the other laws and ordinances of the Town.
F.
If the erection of the sign authorized under any such permit has not commenced within six months from the date of the issuance, the permit shall become null and void, but may be renewed within 30 days prior to the expiration, for good cause shown, for an additional six months, upon payment of 1/2 of the original fee.